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Judicial Watch • JW v. DOJ Fast and Furious Complaint 01344

JW v. DOJ Fast and Furious Complaint 01344

JW v. DOJ Fast and Furious Complaint 01344

Page 1: JW v. DOJ Fast and Furious Complaint 01344


Number of Pages:4

Date Created:September 6, 2013

Date Uploaded to the Library:September 17, 2013

Tags:Division, Civil, Plaintiffs, withheld, letter, responsive, watch, defendant, filed, plaintiff, judicial, request, document, records, Washington, court, district, EPA, ICE, CIA

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Case 1:13-cv-01344 Document Filed 09/05/13 Page THE UNITED STATES DISTRICT COURT
425 Fhird Street, Suite 800
Wasliington, 20024,
Plaintiff, Civil Action No,
950 Pennsylvania Avenue, N.W.
Washington, 20530-0001.
Plaintiff Judicial Watch, Inc. brings this acdon against Defendant U.S. Department
Justice compel compliance with the Freedom Information Act, U.S.C. 552 FOIA
gro uds therefor, Plaintiff alleges follows:
The Court hasjurisdiction over this action pursuant U.S.C, 5S2(a)(4)(B) and
-28 U.S.C. 1331. Venue proper this district pursuant U.S.C. 139l(e).
Plaintiff Judicial Watch, Inc. not-for-pro educational foundation organized
under the laws the District Columbia and having its principal place business 425 Third
Street, SW., Suite 800, Washington, 20024. Plaintiff seeks promote integrity,
transparency. and accountability government and delity the rule law. furtherance
Case 1:13-cv-01344 Document Filed 09/05/13 Page
its public interest mission, Judicial Watch regularly requests access public records federal.
state, and local government agencies and officials and disseminates its ndings the public. Defendant agency the U.S. Government and headquartered 950
Pennsylvania Avenue, NW, Washington, 20530-0001. Defendant has possession. custody,
and control records which Plaintiff seeks access.
STATEMENT FACTS March 20, 2013, Plaintiff submitted FOIA request the Civil Division,
component Defendant, seeking access copies of:
Any and all records corinnunications, correspondence, and
contacts between the Department Justice and the House
Committee Oversight and Government Reform concerning
relating settlement Committee Oversight and Gowzrnment
Reform Holder, 1:12-ov-01332, District Court, District
Columbia (Washington). Such records include. but are not limited
to, records the settlement discussions themselves.
The timeframe for this request October 2012 March 20,
2013. letter dated May 2013, the Civil Division informed Plaintiff that had
determined that the documents responsive Plaintiff FOIA request should withheld full
because of. among other things, court-imposed non-disclosure requirements. addition, the
Civil Division informed Plaintiff its right administrative appeal within days. The
Civil DiVrsion May 2013 letter however did not indicate that had conducted search for
responsive records. Nor did state how many responsive records were being withheld from
Plaint Nor did identify the FOIA exemption under which the records were being withheld
from Plaintiff. letter dated May 20, 2013, Plaintiff sent timely administrative appeal the
Civil Divisions final determination.
Case 1:13-cv-01344 Document Filed 09/05/13 Page letter dated June 19, 2013, the Office Infonnation Policy, another component zfendant, noti Plaintiff that had affirmed the Civil Division action the request. The
June 19. 2013 letter did not identify any FOIA exemption under which the requested records were
being withheld from Plaintiff, but instead asserted the following:
 Please advised that the records responsive your request are subject
court-imposed, non-disclosure requirements under the Local Rules the United
States Dis rict Court for the District Columb Therefore, this instance, the
Civil Division lacks the discretion consider this information for release you.
The letter also stated, you are dissatis with action your appeal, the FOIA permits you lawsuit federal district court accordance with U.S.C. 552(a)(_4)(B). Because the Office Information Policy has denied Plaintiffs administrative
appeal. Plaintiff has exhausted all administrative remedies with respect its March 20, 2013 request. U.S.C. 552(a)(6)(A)(ii).
(Violation FOIA, U.S.C. 552)
10. Plaintiff realleges paragraphs through fully stated herein. Defendant unlawfully withholding public records requested Plaintiff pursuant U.S.C. 552.
12. Plaint being ii-reparably harmed reason Defendant unlawful
withholding the requested public records, and Plaintiff will continue irreparably harmed
unless Defendant compelled conform its conduct the requirements the law.
WHEREFORE, Plaintiff respectfully requests that the Court: (1) order Defendant
conduct search for any and all records responsive Plaintiff FOIA request and demonstrate
that employed search methods reasonably likely lead the discovery records responsive
Plaintiffs OIA request; (2) order Defendant produce, date certain, any and all non-exempt
Case 1:13-cv-01344 Document Filed 09/05/13 Page
records responsive Plaintiffs FOIA tequcsl and Vaughn index any responsive records
withheld under claim exemption; (3) enjoin Dsfendant from continuing withhold any and all
non-exempt records responsive Plainti FOIA request; (4) grant Plaintiff award
attorneys fees and other litigation costs reasonably inturrcd this action pursuant U.S.C.
 552(a)(4)(E); and (5) grant Plaintiff such other relief the Court deemsjust and proper.
Dated: September 2013 Respectfully submitted,
/5} Paul Orfanedes
Paul Orfanedes
D.C. Bar No. 429716
425 Third Street, SW., Suite 800
Washington, 20024
(202) 646-5172
Counsel for Plaintj