Skip to content

Get Judicial Watch Updates!

DONATE

Judicial Watch • JW v State 00691 Clinton State resignation

JW v State 00691 Clinton State resignation

JW v State 00691 Clinton State resignation

Page 1: JW v State 00691 Clinton State resignation

Category:Legal Document

Number of Pages:4

Date Created:May 5, 2015

Date Uploaded to the Library:May 06, 2015

Tags:Separation, complaint, service, Hillary Clinton, Secretary, State Department, document, records, department, FOIA, Washington, court


File Scanned for Malware

Donate now to keep these documents public!


See Generated Text   ∨

Autogenerated text from PDF

Case 1:15-cv-00691 Document Filed 05/06/15 Page THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT COLUMBIA
JUDICIAL WATCH, INC.,
425 Third Street, S.W., Suite 800
Washington, 20024,
Plaintiff,
U.S. DEPARTMENT STATE,
The Executive Office
Office the Legal Adviser, Room 5519
2201 Street,
Washington, D.C. 20520,
Defendant.
Civil Action No.
COMPLAINT
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:
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
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-00691 Document Filed 05/06/15 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 11, 2015, Plaintiff submitted FOIA request Defendant via certified
mail, return receipt requested, seeking access the following:
Any and all records completed and/or signed Secretary State Hillary Clinton
concerning, regarding, relating her resignation from the office Secretary State. Such records include, but are not limited separation statement
signed Hillary Clinton upon her resignation Secretary State.
The U.S. Postal Service provided Plaintiff Domestic Return Receipt signed
Defendant agent showing that Defendant received the request certified mail March 17,
2015.
Defendant subsequently acknowledged receipt the request and assigned the
request Case Control Number F-2015-05777. March 18, 2015, Plaintiff submitted second FOIA request Defendant via
certified mail, seeking access the following:
Any and all Forms OF-109 completed employees and
contractors separating from the State Department 2013.
Any and all records depicting the total number employees and
contractors who separated from employment with the State
Department 2013.
Case 1:15-cv-00691 Document Filed 05/06/15 Page
The U.S. Postal Service provided Plaintiff Domestic Return Receipt signed
Defendant agent showing that Defendant received the request certified mail March 24,
2015.
10.
Defendant subsequently acknowledged receipt the request and assigned the
request Case Control Number F-2015-06321.
11.
Pursuant U.S.C. 552(a)(6)(A)(i), Defendant was required determine
whether comply with the request within twenty (20) working days and notify Plaintiff
immediately its determination, the reasons therefor, and the right appeal any adverse
determination.
12.
Defendant determinations regarding Plaintiff requests were due April 21,
2015 the latest.
13. the date this complaint, Defendant has failed to: (i) determine whether
comply with the requests; (ii) notify Plaintiff any such determination the reasons therefor;
(iii) advise Plaintiff the right appeal any adverse determinations; (iv) produce the
requested records otherwise demonstrate that the requested records are exempt from
production.
14.
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).
COUNT
(Violation FOIA, U.S.C. 552)
15.
Plaintiff realleges paragraphs through fully stated herein.
16.
Defendant unlawfully withholding records requested Plaintiff pursuant U.S.C. 552.
Case 1:15-cv-00691 Document Filed 05/06/15 Page
17.
Plaintiff being irreparably harmed reason Defendant unlawful
withholding records responsive Plaintiff FOIA requests, 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 requests and demonstrate
that employed search methods reasonably likely lead the discovery records responsive Plaintiff FOIA requests; (2) order Defendant produce, date certain, any and all nonexempt records Plaintiff FOIA requests 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 requests; (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: May 2015
Respectfully submitted, Chris Fedeli
Chris Fedeli (DC Bar No. 472919)
JUDICIAL WATCH, INC.
425 Third Street, S.W., Suite 800
Washington, 20024
(202) 646-5172
Counsel for Plaintiff