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Judicial Watch • JW v IRS complaint 00596

JW v IRS complaint 00596

JW v IRS complaint 00596

Page 1: JW v IRS complaint 00596

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Number of Pages:4

Date Created:April 3, 2017

Date Uploaded to the Library:April 18, 2017

Tags:00596, Ramona, requested, complaint, service, responsive, defendant, filed, plaintiff, request, document, records, FOIA, Washington, IRS


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Case 1:17-cv-00596 Document Filed 04/03/17 Page THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT COLUMBIA
JUDICIAL WATCH, INC.,
425 Third Street SW, Suite 800
Washington, 20024,
Plaintiff,
INTERNAL REVENUE SERVICE,
1111 Constitution Avenue,
Washington, 20224,
Defendant.
Civil Action No.
COMPLAINT
Plaintiff Judicial Watch, Inc. brings this action against Defendant Internal Revenue
Service 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, integrity, and
accountability 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-00596 Document Filed 04/03/17 Page
agencies responses and disseminates both its findings and the requested records the American
public inform them about what their government to.
Defendant agency the United States Government and headquartered
1111 Constitution Avenue, NW, Washington, 20224. Defendant has possession, custody,
and control records which Plaintiff seeks access.
STATEMENT FACTS November 15, 2016, Plaintiff submitted FOIA request Defendant seeking
access the following records: Any and all records concerning, regarding, relating the preservation and/or
retention email records generated IRS officials and employees upon their
departure from the IRS; and Any and all records concerning, regarding, related (sic) any changes, updates,
modifications IRS policies and procedures for the retention email records
generated IRS officials and employees.
The timeframe for this request January 2010 the present.
According U.S. Postal Service records, the request was delivered Defendant November 18, 2016. letter dated December 12, 2016, Defendant acknowledged receipt Plaintiff
request and advising Plaintiff that the request had been assigned Case Number F17326-0114.
Defendant further advised that would need the additional ten-day statutory extension and
thereby extended its response date January 2017. the same letter, Defendant stated that would not able locate and consider release the requested records the January
2017 deadline and requested extension until March 17, 2017 provide final response.
Plaintiff has received further communications from Defendant concerning the status
Defendant response Plaintiff FOIA request.
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Case 1:17-cv-00596 Document Filed 04/03/17 Page 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.
10.
Plaintiff being irreparably harmed reason Defendant violation FOIA,
and Plaintiff will continue irreparably harmed unless Defendant compelled comply
with FOIA.
11. trigger FOIA administrative exhaustion requirement, Defendant was
required determine whether comply with Plaintiff request within twenty (20) working
days receiving the request, about December 14, 2016. 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).
12.
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).
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Case 1:17-cv-00596 Document Filed 04/03/17 Page
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 responsive 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.
Dated: April 2017
Respectfully submitted,
JUDICIAL WATCH, INC.
/s/ Ramona Cotca
Ramona Cotca
D.C. Bar No. 501159
JUDICIAL WATCH, INC.
425 Third Street S.W., Suite 800
Washington, 20024
(202) 646-5172
rcotca@judicialwatch.org
Counsel for Plaintiff
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