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Judicial Watch • JW v. National Archives NY Mosque complaint 01007

JW v. National Archives NY Mosque complaint 01007

JW v. National Archives NY Mosque complaint 01007

Page 1: JW v. National Archives NY Mosque complaint 01007

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Number of Pages:4

Date Created:April 12, 2019

Date Uploaded to the Library:April 12, 2019

Tags:01007, mosque, National, filed, FBI, FOIA


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Case 1:19-cv-01007 Document Filed 04/10/19 Page THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT COLUMBIA
WDICIAL WATCH, INC.,
425 Third Street SW, Suite 800
Washington, 20024,
Plaintiff,
NATIONAL ARCHIVES AND
RECORDS ADMINISTRATION,
8601 Adelphi Road
College Park, 20740,
Defendant.
Civil Action No.
COMPLAINT
Plaintiff Judicial Watch, Inc. brings this action against Defendant National Archives and
Records Administration compel compliance 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. 139l(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
Case 1:19-cv-01007 Document Filed 04/10/19 Page
regularly requests records from federal agencies pursuant FOIA. Plaintiff analyzes the
agencies responses and disseminates both its findings and the requested records the American
public inform them about what their government to.
Defendant National Archives and Records Administration agency the
United States Government and headquartered 8601 Adelphi Road, College Park, 20740.
Defendant has possession, custody, and control records which Plaintiff seeks access.
STATEMENT FACTS May 2018, Plaintiff served FOIA request Defendant seeking access
any and all records contained FBI File 100-NY-161499. email dated May 16, 2018, Defendant acknowledged receiving Plaintiffs
FOIA request May 15, 2018 and indicated had assigned Plaintiffs request FOIA case
number 57219. Defendants letter also confirmed the existence records responsive the
request. Specifically, Defendant admitted that had located and surveyed case file number
100-NY-161499, containing approximately 100 pages concerning the Nation oflslam, Mosque
Number Mt. Vernon, New York. Defendant further indicated that the file required
screening for categories information exempted from disclosure under the FOIA and that this
process would take approximately months complete. Defendant also denied Plaintiffs
request for fee waiver. responsive records portions thereof have ever been produced
Plaintiff. June 2018, Plaintiff sent written administrative appeal, via email and
certified mail, the Deputy Archivist the National Archives and Records Administration
contesting Defendants original determination Plaintiffs request. Specifically, Plaintiff
appealed the months for Defendant process 100 pages the file and Defendants denial
Case 1:19-cv-01007 Document Filed 04/10/19 Page
the fee waiver. letter dated June 12, 2018, Defendant acknowledged receipt Plaintiffs
administrative appeal June 12, 2018. June 15, 2018, Plaintiff sent second email Defendant requesting more
specific timeframe for Defendants determination the appeal. email dated June 18, 2018, Defendant corrected the appeal tracking number
and hope[d] reply [Plaintiffs] appeal within the normal working daytime frame, i.e.
July 11, 2018.
10. the date this Complaint, Plaintiff has received further correspondence
with Defendant.
11.
Pursuant U.S.C. 552(a)(6)(A)(ii), Defendant was required make
determination the appeal within twenty working days ofreceipt and notify Plaintiff the
right seek judicial review the denial was upheld whole part. More than twenty
working days have elapsed since Defendant received Plaintiffs June 2018 appeal.
12.
Because Defendant has failed comply with the time limit set forth U.S.C.
552(a)(6)(A)(ii), Plaintiff deemed have exhausted any and all administrative remedies
pursuant U.S.C. 552(a)(6)(C).
COUNT
(Violation ofFOIA, U.S.C. 552)
13.
Plaintiffrealleges paragraphs through fully stated herein.
14.
Defendant violating FOIA unlawfully withholding records responsive
Plaintiffs request.
15.
Plaintiff being irreparably harmed reason Defendants violation FOIA,
and Plaintiff will continue irreparably harmed unless Defendant compelled comply
fully with FOIA.
Case 1:19-cv-01007 Document Filed 04/10/19 Page
WHEREFORE, Plaintiff respectfully requests that the Court: (1) order Defendant
demonstrate that employed search methods reasonably calculated uncover all records
responsive Plaintiffs request; (2) order Defendant produce, date certain, any and all
non-exempt records responsive the request and Vaughn index any responsive records
withheld under claim exemption; (3) enjoin Defendant from continuing withhold any and
all non-exempt records responsive the request; 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 10, 2019
Respectfully submitted,
JUDICIAL WATCH, INC.
Isl Eric Lee
Eric Lee
D.C. Bar No. 1049158
Counsel for Plaintiff