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Judicial Watch • JW v Edu Grants 01021

JW v Edu Grants 01021

JW v Edu Grants 01021

Page 1: JW v Edu Grants 01021

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Number of Pages:4

Date Created:May 30, 2017

Date Uploaded to the Library:May 30, 2017

Tags:01021, grants, produce, maryland, requested, responsive, defendant, filed, plaintiff, request, document, records, FOIA, states, Washington, united


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Case 1:17-cv-01021 Document Filed 05/30/17 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 EDUCATION,
400 Maryland Avenue SW,
Washington, 20201,
Defendant.
____________________________________)
Civil Action No.
COMPLAINT
Plaintiff Judicial Watch, Inc. brings this action against Defendant U.S. Department
Education 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-01021 Document Filed 05/30/17 Page
responses and disseminates its findings and the requested records the American public
inform them about what their government to.
Defendant United States Department Education DoEd agency the
United States Government and headquartered 400 Maryland Avenue SW, Washington,
20201. Defendant has possession, custody, and control records which Plaintiff seeks access.
STATEMENT FACTS April 10, 2017, Plaintiff submitted FOIA request the DoEd seeking the
following:
Any records emails discussing the potential implications for federal
voucher school choice policy light the anticipated conclusions the
DoEd January 2017 Report School Improvement Grants: Implementation
and Effectiveness.
The time frame for the request was identified May 2016 through January 20, 2017. April 11, 2017, Defendant DoEd confirmed receipt Plaintiff request and
referred the appropriate DoEd component, the Office the Secretary, assigning the request
FOIA Control Number 17-01467-F. the date this Complaint, Defendant 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 Defendant intends
produce withhold and the reasons for any withholdings; (iii) 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-01021 Document Filed 05/30/17 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 requests within twenty (20) business
days receipt. Accordingly, Defendants determinations were due about April 19, 2017,
the latest. 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 Ethics Washington FEC, 711 F.3d 180, 188-89 (D.C. Cir. 2013).
11.
Because Defendant failed make substantive, appealable determination
whether comply with Plaintiff request within the time period required FOIA, Plaintiff
deemed have exhausted its administrative 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
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.
Case 1:17-cv-01021 Document Filed 05/30/17 Page
Dated: May 30, 2017
Respectfully submitted, Chris Fedeli
Chris Fedeli Bar No. 472919
JUDICIAL WATCH, INC.
425 Third Street SW, Suite 800
Washington, 20024
cfedeli@judicialwatch.org
(202) 646-5172
Counsel for Plaintiff