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Judicial Watch • JW v DOJ ATF ammo complaint 02218

JW v DOJ ATF ammo complaint 02218

JW v DOJ ATF ammo complaint 02218

Page 1: JW v DOJ ATF ammo complaint 02218

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Number of Pages:4

Date Created:September 25, 2018

Date Uploaded to the Library:September 26, 2018

Tags:02218, ammo, action, Pennsylvania, complaint, justice, responsive, ATF, defendant, filed, plaintiff, request, document, records, DOJ, FOIA, Washington, district


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Case 1:18-cv-02218 Document Filed 09/25/18 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,
Defendant.
____________________________________)
Civil Action No.
COMPLAINT
Plaintiff Judicial Watch, Inc. 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. 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 the
Case 1:18-cv-02218 Document Filed 09/25/18 Page
responses and disseminates its findings and the requested records the American public
inform them about what their government to.
Defendant U.S. Department Justice DOJ agency the United States
Government. Defendant has possession, custody, and control records which Plaintiff seeks
access. Defendant headquartered 950 Pennsylvania Avenue NW, Washington, 20530.
STATEMENT FACTS May 14, 2018, Plaintiff submitted FOIA request the Bureau Alcohol,
Tobacco, Firearms, and Explosives ATF component DOJ, seeking the following:
The 1,900 pages records referenced paragraph the Supplemental
Declaration Peter Chisolm, Acting Chief, ATF Disclosure Division, filed May 2018 the U.S. District Court for the District Columbia, civil
action case number 17-600-CKK. relevant part, paragraph the
Chisolm Declaration describes the 1,900 pages request follows: The
approximately 1,900 pages ultimately determined nonresponsive,
were carefully reviewed line-by-line for responsiveness the Disclosure
Division. After that extensive review was completed, these pages were set
aside without additional processing because they were nonresponsive. The
non-responsive documents fell into such categories as, drafts and final
versions ATF talking points related the Armor Piercing Ammunition
Notice Proposed Rulemaking (NPRM); emails and attachments discussing
the classification 5.56mm SS109 and M855 ammunition for the NPRM;
and drafts and final versions Questions for the Record subsequent ATF
Director Todd Jones testimony before Congress, portions which
mention armor piercing ammunition.
According email records, ATF received the request May 14, 2018. the date this Complaint, Defendant has failed to: (i) formally
acknowledge the request assign FOIA control number; (ii) produce the requested records demonstrate that the requested records are lawfully exempt from production; (iii) notify
Plaintiff the scope any responsive records Defendant intends produce withhold and the
reasons for any withholdings; (iv) inform Plaintiff that may appeal any adequately specific,
adverse determination.
Case 1:18-cv-02218 Document Filed 09/25/18 Page
COUNT
Violation FOIA, U.S.C. 552
Plaintiff realleges paragraphs through fully stated herein.
Plaintiff being irreparably harmed reason Defendant violation FOIA,
and Plaintiff will continue irreparably harmed unless Defendant compelled comply
with FOIA.
10. trigger FOIA administrative exhaustion requirement, Defendant was
required determine whether comply with Plaintiff request within thirty (30) working days receiving the request the latest. Accordingly, Defendant determination was due later
than June 25, 2018. minimum, Defendant was required to: (i) gather and review the
requested documents; (ii) determine and communicate Plaintiff the scope any responsive
records Defendant intended produce withhold and the reasons for any withholdings; and
(iii) inform Plaintiff that may appeal any adequately specific, adverse determination. See, e.g.,
Citizens for Responsibility and Ethics Washington Federal Election Commission, 711 F.3d
180, 188-89 (D.C. Cir. 2013).
11.
Because Defendant failed determine whether comply with Plaintiff request
within the time period required FOIA, Plaintiff deemed have exhausted its administrative
appeal remedies. U.S.C. 552(a)(6)(C)(i).
WHEREFORE, Plaintiff respectfully requests that the Court: (1) order Defendant
conduct searches for any and all records responsive Plaintiff FOIA request and demonstrate
that employed search methods reasonably likely lead the discovery records responsive Plaintiff FOIA request; (2) order Defendant produce, date certain, any and all nonexempt records Plaintiff FOIA request and Vaughn index any responsive records
Case 1:18-cv-02218 Document Filed 09/25/18 Page
withheld under claim exemption; (3) enjoin Defendant from continuing withhold any and
all non-exempt records responsive Plaintiff FOIA 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: September 25, 2018
Respectfully submitted, Chris Fedeli
Chris Fedeli
D.C. Bar No. 472919
JUDICIAL WATCH, INC.
425 Third Street SW, Suite 800
Washington, 20024
(202) 646-5172
Counsel for Plaintiff