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Judicial Watch • JW v. DOJ Allison Hrabar complaint 01950

JW v. DOJ Allison Hrabar complaint 01950

JW v. DOJ Allison Hrabar complaint 01950

Page 1: JW v. DOJ Allison Hrabar complaint 01950

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Number of Pages:4

Date Created:August 20, 2018

Date Uploaded to the Library:August 21, 2018

Tags:Hrabar, Allison, 01950, peterson, produce, Pennsylvania, requested, complaint, justice, responsive, defendant, filed, plaintiff, request, document, records, DOJ, James, FOIA, Washington


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Case 1:18-cv-01950 Document Filed 08/20/18 Page THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT COLUMBIA
JUDICIAL WATCH, INC.,
425 Third Street SW, Suite 800
Washington, 20024,
Plaintiff,
U.S. DEPARTMENT JUSTICE,
950 Pennsylvania Avenue
Washington, 20530-0001,
Defendant.
____________________________________)
Civil Action No.
COMPLAINT
Plaintiff Judicial Watch, Inc. Plaintiff brings this action against Defendant U.S.
Department Justice compel compliance with the Freedom Information Act, U.S.C.
552 FOIA grounds therefor, Plaintiff alleges follows:
JURISDICTION AND VENUE
The Court has jurisdiction over this action pursuant U.S.C. 552(a)(4)(B)
and U.S.C. 1331.
Venue proper this district pursuant U.S.C. 1391(e).
PARTIES
Plaintiff Judicial Watch, Inc. Plaintiff not-for-profit, educational
organization incorporated under the laws the District Columbia and headquartered 425
Third Street SW, Suite 800, Washington, 20024. Plaintiff seeks promote transparency,
accountability, and integrity government and fidelity the rule law. part its mission,
Plaintiff regularly requests records from federal agencies pursuant FOIA. Plaintiff analyzes
Case 1:18-cv-01950 Document Filed 08/20/18 Page
the responses receives and disseminates its findings and any responsive records the
American public inform them about what their government to.
Defendant U.S. Department Justice DOJ agency the United States
Government and headquartered 950 Pennsylvania Avenue NW, Washington, 205300001. information and belief, DOJ has possession, custody, and control records which
Plaintiff seeks access.
STATEMENT FACTS June 21, 2018, Plaintiff submitted FOIA request DOJ seeking the
following records:
All emails Allison Hrabar, GS-7 paralegal specialist with DOJ,
containing any the following words: Trump, Trumptard,
socialist.
The timeframe for the requested records was identified May 21, 2018 the present. letter dated July 17, 2018, DOJ Antitrust Division acknowledged receipt
Plaintiff request July 2018. The letter stated that the request had been assigned FOIA
Request No. ATFY18-129. The letter further stated that DOJ would not comply with the request
within the statutorily required deadlines. the date this Complaint, DOJ has failed to: (i) produce the requested
records demonstrate that the requested records are lawfully exempt from production; (ii)
notify Plaintiff the scope any responsive records they intend produce withhold and the
reasons for any withholdings; (iii) inform Plaintiff that may appeal any adequately specific,
adverse determination.
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Case 1:18-cv-01950 Document Filed 08/20/18 Page
COUNT
(Violation FOIA, U.S.C. 552)
Plaintiff realleges paragraphs through fully stated herein.
Defendant violating FOIA failing and/or refusing search for, identify, and
produce any and all non-exempt records responsive Plaintiff request.
10.
Plaintiff being irreparably harmed Defendant violations FOIA, and
Plaintiff will continue irreparably harmed unless Defendant compelled comply with
FOIA.
11.
Defendant was required determine whether comply with Plaintiff request
within most thirty (30) working days receiving the request. Accordingly, Defendant
determinations were due August 14, 2018 the latest. this date Defendant was required
to: (i) gather and review the requested documents; (ii) make and communicate Plaintiff
determination about the scope any responsive records Defendant intended produce
withhold and the reasons for any withholdings; and (iii) inform Plaintiff that may appeal any
adverse determination. See, e.g., Citizens for Responsibility and Ethics Wash. Federal
Election Comm 711 F.3d 180, 188-89 (D.C. Cir. 2013).
12.
Because Defendant failed determine whether comply with Plaintiff request
within the time required FOIA, Plaintiff deemed have exhausted its administrative appeal
remedies. U.S.C. 552(a)(6)(C)(i).
13.
Plaintiff has adequate remedy law.
WHEREFORE, Plaintiff respectfully requests that the Court: (1) order Defendant
conduct searches for any and all records responsive Plaintiff request and demonstrate that
they employed search methods reasonably likely lead the discovery records responsive
the request; (2) order Defendant produce, date certain, any and all non-exempt records
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Case 1:18-cv-01950 Document Filed 08/20/18 Page
responsive Plaintiff request and Vaughn index any responsive records withheld under
claim exemption; (3) enjoin Defendant from continuing withhold any and all non-exempt
records responsive the request; (4) grant Plaintiff award attorneys fees and other
litigation costs reasonably incurred this action pursuant U.S.C. 552(a)(4)(E); and (5)
grant Plaintiff such other relief the Court deems just and proper.
Dated: August 20, 2018
Respectfully submitted,
/s/ James Peterson
James Peterson
D.C. Bar No. 450171
JUDICIAL WATCH, INC.
425 Third Street SW, Suite 800
Washington, 20024
Phone: (202) 646-5172
Counsel for Plaintiff
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