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Judicial Watch • JW v. DOJ ATF ammo reg complaint 00600

JW v. DOJ ATF ammo reg complaint 00600

JW v. DOJ ATF ammo reg complaint 00600

Page 1: JW v. DOJ ATF ammo reg complaint 00600

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Number of Pages:4

Date Created:April 4, 2017

Date Uploaded to the Library:April 10, 2017

Tags:reg, ammo, 00600, produce, Pennsylvania, requested, complaint, justice, responsive, ATF, defendant, filed, plaintiff, request, document, records, DOJ, FOIA, Washington


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Case 1:17-cv-00600 Document Filed 04/04/17 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 1:17-cv-00600 Document Filed 04/04/17 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 March 2015, Plaintiff submitted FOIA request the Bureau Alcohol,
Tobacco, Firearms, and Explosives ATF component DOJ, seeking the following:
Any and all records communications, including but not limited to, emails, from employees officials the ATF regarding, concerning, related the decision revise the ATF 2014 Regulation Guide longer exempt
5.56 mm. SS109 and M855 (i.e., green tip AR-15) ammunition from the
definition armor-piercing ammunition.
The time frame this request was identified March 2014 March 2015.
According U.S. Postal Service records, ATF received the request March 31, the date this Complaint, Defendant has failed to: (i) formally
2015.
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.
COUNT
Violation FOIA, U.S.C. 552
Plaintiff realleges paragraphs through fully stated herein.
Case 1:17-cv-00600 Document Filed 04/04/17 Page
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
about May 2015. 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
withheld under claim exemption; (3) enjoin Defendant from continuing withhold any and
all non-exempt records responsive Plaintiff FOIA request; (4) grant Plaintiff award
Case 1:17-cv-00600 Document Filed 04/04/17 Page
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: April 2017
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