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Judicial Watch • Jw v Hhs Complaint 03232011

Jw v Hhs Complaint 03232011

Jw v Hhs Complaint 03232011

Page 1: Jw v Hhs Complaint 03232011


Number of Pages:4

Date Created:March 24, 2011

Date Uploaded to the Library:February 20, 2014

Tags:03232011, HHS, complaint

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425 Third Street, S.W., Suite 800 Washington, 20024, 
DEPARTMENT HEALTH HUMAN SERVICES 200 Independence Avenue, S.W. Washington, 20201, 
Defendant.  Case: 11-cv-00608  Assigned To: Howell, Beryl  Assign. Date 3/23/2011  Description: FOIA/Privacy Act Plaintiff non-profit, educational foundation organized under the laws the District Columbia and having its principal place business 425 Third Street, S.W., Suite 800, Washington, 20024. Plaintiff seeks promote integrity, transparency, and accountability government and fidelity the rule law. furtherance its public interest 
mission, Plaintiff regularly requests access the public records federal, state, and local 
government agencies, entities, and offices, and disseminates its findings the public. Defendant agency the United States Government and headquartered 
200 Independence Avenue, S.W., Washington, 20201. .Defendant has possession, custody, 
and control records which Plaintiff seeks access. 
STATEMENT FACTS December 15, 2010, Plaintiff sent FOIA request .Defendant seeking access the following: 
All records concerning the creation and/or funding advertisements the Affordable Care Act. December 17, 2010, Plaintiff received letter froni Defendant acknowledging 
receipt Plaintiff's FOIA request. January 14, 2011, Plaintiff received second letter from the Centers for 
Medicare cdicaid Services, component Defendant, acknowledging receipt PIai nti ff' 
FOIA request. 
Pursuant U.S.C.  552(a)(6)(A), Defendant was required respond the date this Complaint, Defendant has failed produce any records 

Plaintiffs POIA request within twenty (20) working days, February 14, 2011 the latest. 
responsive the request demonstrate that responsive records are exempt from production. 
Nor has indicated whether when any responsive records will produced. short, other 
than the acknowledgement letters received Plaintiff, Defendant has failed respond the 
request any manner. 
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 
respect its FOIA request, pursuant U.S.C.  552(a)(6)(C). 
(Violation FOIA, U.S.C.  552) Plaintiffreallcges paragraphs through fully stated herein. 
12. Defendant unlawfulJy withholding records requested Plaintiff pursuant u.s.c.  552. 
Plaintiff being irreparably harmed reason ofDefen 
dant's unlawful 
withholding requested records, and Plaintiff will continue irreparably harmed unless 
Defendant compelled conform its conduct 1he requirements the law. 
WHEREFORE, Plaintiff respectfully requests that the Court: (1) order Defendant 
conduct search for any and all responsive records Plaintiff's FOIA request and demonstrate 
that employed search methods reasonably likely lead the discovery records responsive 1.o 
Plaintiff's 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 Plaintiff's FOIA request; (4) grant Plaintiff award 
attorneys' fees and other litigation costs reasonably i!lcurred this action pursuant U.S.C.  
552(a)(4)(E); and (5) grant Plaintiff such other relief the Court deems just.
and proper. 
Dated: March 23, 2011 Respectfully submitted, 

D.C. Bar No. 450035 
Su1te 800 

425 Third Street, S.W. 
Washington, 20024 

(202) 646-5172 

Attorneys for Plaintiff