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Judicial Watch • JW v State 00684 Abedin non-State emails

JW v State 00684 Abedin non-State emails

JW v State 00684 Abedin non-State emails

Page 1: JW v State 00684 Abedin non-State emails

Category:Legal Document

Number of Pages:4

Date Created:May 5, 2015

Date Uploaded to the Library:May 05, 2015

Tags:Abedin, complaint, defendant, State Department, department, FOIA, court

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Case 1:15-cv-00684 Document Filed 05/05/15 Page THE UNITED STATES DISTRICT COURT
425 Third Street, S.W., Suite 800
Washington, 20024,
The Executive Office
Office the Legal Adviser, Room 5519
2201 Street,
Washington, D.C. 20520,
Civil Action No.
Plaintiff Judicial Watch, Inc. brings this actions against Defendant U.S. Department
State compel compliance with the Freedom Information Act, U.S.C. 552 FOIA
grounds therefor, Plaintiff alleges follows:
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).
Plaintiff Judicial Watch, Inc. not-for-profit, educational organization
incorporated under the laws the District Columbia and headquartered 425 Third Street
S.W., Suite 800, Washington, 20024. Plaintiff seeks promote transparency,
accountability, and integrity government and fidelity the rule law. part its mission,
Case 1:15-cv-00684 Document Filed 05/05/15 Page
Plaintiff regularly requests records from federal agencies pursuant FOIA. Plaintiff analyzes
the responses and disseminates its findings and the requested records the American public
inform them about what their government to.
Defendant U.S. Department State agency the United States
Government and headquartered 2201 Street NW, Washington, D.C. 20520. Defendant
has possession, custody, and control records which Plaintiff seeks access.
STATEMENT FACTS March 18, 2015, Plaintiff submitted FOIA request Defendant via certified
mail, seeking access the following:
Any and all emails official State Department business received sent former Deputy Chief Staff Huma Abedin from January 2009
through February 2013 using non- email address.
According U.S.P.S. records, Defendant received the FOIA request certified
mail March 24, 2015.
Defendant subsequently acknowledged receipt the FOIA request and assigned
the request Case Control Number F-2015-06322.
Pursuant U.S.C. 552(a)(6)(A)(i), Defendant was required determine
whether comply with the FOIA request within twenty (20) working days receipt the
request and notify Plaintiff immediately its determination, the reasons therefor, and the
right appeal any adverse determination.
Defendant determination regarding Plaintiff FOIA request was due April
21, 2015 the latest.
10. the date this complaint, Defendant has failed to: (i) determine whether
comply with the FOIA request; (ii) notify Plaintiff any such determination the reasons
Case 1:15-cv-00684 Document Filed 05/05/15 Page
therefor; (iii) advise Plaintiff the right appeal any adverse determination; (iv) produce the
requested records otherwise demonstrate that the requested records are exempt from
Because Defendant has failed comply with the time limit set forth U.S.C.
552(a)(6)(A), Plaintiff deemed have exhausted any and all administrative remedies pursuant U.S.C. 552(a)(6)(C).
(Violation FOIA, U.S.C. 552)
Plaintiff realleges paragraphs through fully stated herein.
Defendant unlawfully withholding records requested Plaintiff pursuant U.S.C. 552.
Plaintiff being irreparably harmed reason Defendant unlawful
withholding records responsive Plaintiff FOIA request, and Plaintiff will continue
irreparably harmed unless Defendant compelled conform its conduct the requirements
the law.
WHEREFORE, Plaintiff respectfully requests that the Court: (1) order Defendant
conduct search for any and all responsive records 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 1:15-cv-00684 Document Filed 05/05/15 Page
Dated: May 2015
Respectfully submitted,
/s/ Michael Bekesha
Michael Bekesha (D.C. Bar No. 995749)
425 Third Street, S.W., Suite 800
Washington, 20024
(202) 646-5172
Counsel for Plaintiff