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Judicial Watch • JW v Treasury Complaint 01776

JW v Treasury Complaint 01776

JW v Treasury Complaint 01776

Page 1: JW v Treasury Complaint 01776

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Number of Pages:4

Date Created:October 21, 2015

Date Uploaded to the Library:November 10, 2015

Tags:01776, Dot, clintonemail, determination, Department of the Treasury, Plaintiffs, complaint, treasury, responsive, defendant, filed, plaintiff, request, document, records, FOIA, states, Washington, court, united


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Case 1:15-cv-01776 Document Filed 10/21/15 Page THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT COLUMBIA
JUDICIAL WATCH, INC.,
425 Third Street, S.W., Suite 800
Washington, 20024,
Plaintiff,
UNITED STATES DEPARTMENT THE TREASURY,
1500 Pennsylvania Avenue, N.W.
Washington, 20220,
Defendant.
~~~~~~~~~~~~~~-
Civil Action No.
COMPLAINT
Plaintiff Judicial Watch, Inc. brings this
~ction
against Defendant United States
Department the Treasury compel compliai~~: with the Freedom oflnformation 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 foundation organized
under the laws the District Columbia and has its principal place business 425 Third
Street, S.W., Suite 800, Washington, 20024. Plaintiff seeks promote transparency,
accountability, and integrity government, politics, and the law. part its educational
Case 1:15-cv-01776 Document Filed 10/21/15 Page
mission, Plaintiff regularly requests records under the FOIA shed light the operations the
federal government and educate the public about these operations. Plaintiff then analyzes the
agency records and disseminates the results ofits analysis, well the records themselves, the
public.
Defendant United States Department the Treasury agency the United
States Government and headquartered 1500 Pennsylvania Ave, N.W., Washington,
20220. Defendant has possession, custody, and control ofrecords which Plaintiff seeks access.
STATEMENT FACTS May 29, 2015, Plaintiff sent FOIA request Defendant certified mail,
seeking the production agency records related the following: Any and all records email communications between the Office Foreign Assets
Control and any clintonemail.com address, including but not limited
h.rod17@clintonemail.com and hdr22@clintonemail.com; Any and all records email communications between the Committee Foreign
Investment the U.S. and any clintonemail.com address, including but not limited
hrodl 7@clintonemail.com and hdr22(@,cli:ntonemail.com; and Any and all records email communications between the Office the Secretary the
Treasury and any clintonemail.com address, including but not limited
lu:odl 7@clintonemail.com and hdr22@clintonemail.com.
The timeframe for this request February 2009 January 31, 2013.
According the facsimile report sheet, Defendant received the FOIA request
facsimile May 29, 2015 12:14 PM. According U.S. Postal Service records, Tracking
Number 70140150000032289028, Defendant received the request certified mail June
2015.
Case 1:15-cv-01776 Document Filed 10/21/15 Page letter dated June 2015, Defendant acknowledged receipt Plaintiffs FOIA
request and assigned Case No. 2015-06-011.
Pursuant U.S.C. 552(a)(6)(A)(i), Defendant was required determine
whether comply with the request within twenty (20) working days and notify Plaintiff
immediately its determination, the reasons therefor, and the right appeal any adverse
determination. Accordingly, Defendants determination was due June 29, 2015 the latest. the date this Complaint, Defendant has failed make determination
about whether will comply with Plaintiffs request, notify Plaintiff any determination,
notify Plaintiff its right appeal any adverse determination the head the agency. Nor has
Defendant produced any records responsive the request, indicated when any responsive records
will produced, demonstrated that responsive records are exempt from production.
10.
Because Defendant failed comply with the time limit set forth U.S.C.
552(a)(6)(A), Plaintiff deemed have exhausted any and all administrative remedies with
respect its FOIA request, pursuant U.S.C. 552(a)(6)(C).
COUNTl
(Violation FOIA, U.S.C. 552)
11.
Plaintiff realleges paragraphs through fully stated herein.
12.
Defendant violating FOIA unlawfully withholding records requested
Plaintiff pursuant U.S.C. 552.
13.
Plaintiff being irreparably harmed reason Defendants unlawful
withholding requested records, and Plaintiff will continue irreparably harmed unless
Defendant compelled conform its conduct the requirements the law.
Case 1:15-cv-01776 Document Filed 10/21/15 Page
WHEREFORE, Plaintiff respectfully requests that the Court: (1) order Defendant
conduct search for any and all responsive records Plaintiffs FOIA request and demonstrate
that employed search methods reasonably likely lead the discovery records responsive
Plaintiffs FOIA request; (2) order Defendant produce, date certain, any and all non-exempt
records responsive Plaintiffs 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 Plaintiffs 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: October 21, 2015
Respectfully submitted,
Isl James Peterson
James Peterson
D.C. Bar No. 450171
JUDICIAL WATCH, INC.
425 Third Street S.W., Suite 800
Washington, 20024
(202) 646-5172
Counsel for Plaintiff