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Judicial Watch • JW v State 02034 pakistan complaint

JW v State 02034 pakistan complaint

JW v State 02034 pakistan complaint

Page 1: JW v State 02034 pakistan complaint

Category:Legal Document

Number of Pages:4

Date Created:December 19, 2012

Date Uploaded to the Library:May 11, 2015

Tags:pakistan, complaint, Hillary Clinton, Obama, document, records, FOIA, Washington, court

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Case 1:12-cv-02034 Document Filed 12/19/12 Page THE UNITED STATES DISTRICT COURT
425 Third Street, SW, Suite 800
Washington, D.C. 20024,
2201 Street,
Washington, 20520,
Civil Action No.
Plaintiff Judicial Watch, Inc. brings this action 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 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
Case 1:12-cv-02034 Document Filed 12/19/12 Page
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
2201 Street, N.W., Washington, 20520. Defendant has possession, custody, and control
records which Plaintiff seeks access.
STATEMENT FACTS September 24, 2012, Plaintiff sent FOIA request Defendant seeking access the following:
All records concerning, regarding, related the
advertisement produced the U.S. embassy Islamabad,
entitled Message from the President the United States
Barack Obama and Secretary State Hillary Clinton,
intended air Pakistan. letter dated October 12, 2012, Defendant acknowledged receipt the request
and notified Plaintiff that the request had been assigned Case Control Number F-2012-37335.
Defendant was required determine whether comply Plaintiff request
within days, excepting Saturdays, Sundays, and legal public holidays, pursuant U.S.C.
552(a)(6)(A). Pursuant this same provision, Defendant also was required notify Plaintiff
immediately the determination, the reasons therefor, and the right appeal any adverse
determination the head the agency.
Because Plaintiff sent its request Defendant FOIA Requester Service Center,
the Office Information Programs and Services, the component Defendant designated
Defendant receive FOIA requests directed Defendant, pursuant U.S.C. 552(a)(6)(A)
this twenty (20) working day time period did not commence until ten (10) working days after
Defendant receipt the request October 12, 2012. Excluding weekends, the two days that
the Federal Government was closed because Hurricane Sandy (October and 30, 2012), and
Case 1:12-cv-02034 Document Filed 12/19/12 Page
the intervening Thanksgiving holiday (November 22, 2012), Defendant was required make its
determination and provide Plaintiff with the requisite notifications November 28, 2012 the
latest. the date this Complaint, Defendant has failed notify Plaintiff any
determination about whether Defendant will comply with Plaintiff request, the reasons for any
such determination, Plaintiff right appeal any adverse determination the head the
agency. Nor has Defendant produced any records responsive the request, indicated when any
responsive records will produced, demonstrated that responsive records are exempt from
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 with
respect its FOIA request, 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 requested records, 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
Plaintiffs FOIA request; (2) order Defendant produce, date certain, any and all non-exempt
Case 1:12-cv-02034 Document Filed 12/19/12 Page
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: December 19, 2012
Respectfully submitted,
/S/ Paul Orfanedes
D.C. Bar No. 429716
425 Third Street, SW, Suite 800
Washington, 20024
(202) 646-5172
Attorneys for Plaintiff