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Judicial Watch • JW v State Cheng complaint 00221

JW v State Cheng complaint 00221

JW v State Cheng complaint 00221

Page 1: JW v State Cheng complaint 00221

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Number of Pages:4

Date Created:January 31, 2018

Date Uploaded to the Library:February 23, 2018

Tags:Cheng, 00221, Microsoft, peterson, complaint, responsive, defendant, filed, plaintiff, request, document, records, FOIA, states, Washington, united


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Case 1:18-cv-00221 Document Filed 01/31/18 Page THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT COLUMBIA
JUDICIAL WATCH, INC.,
425 Third Street SW, Suite 800
Washington, 20024,
Plaintiff,
U.S. DEPARTMENT STATE,
The Executive Office
Office the Legal Adviser, Suite 5.600
600 19th Street, N.W.
Washington, 20522,
Defendant.
Civil Action No.
COMPLAINT
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:
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 1:18-cv-00221 Document Filed 01/31/18 Page
agencies responses and disseminates both 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 headquartered 2201 Street, N.W., Washington, 20520. Defendant has
possession, custody, and control records which Plaintiff seeks access.
STATEMENT FACTS December 21, 2017, Plaintiff submitted FOIA request through the
Defendant online request system (https://foia.state.gov/Request/FreedomOfInformationAct.aspx) seeking access the following records:
[T]he PST file Dennis Cheng. Mr. Cheng served Deputy Chief
Protocol the United States from July 20, 2009 July 2011. PST file
Personal Storage Table, open proprietary file format used store copies messages, calendar events, and other items within Microsoft software such Microsoft Exchange Client, Windows Messaging, and Microsoft Outlook.
The time frame the request was identified July 20, 2009 July 31, 2011. email dated December 21, 2017, Defendant acknowledged receiving
Plaintiff request that same date. The email did not identify specific request number
assigned Defendant. 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.
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Case 1:18-cv-00221 Document Filed 01/31/18 Page
Plaintiff being irreparably harmed because Defendant violation FOIA,
and Plaintiff will continue irreparably harmed unless Defendant compelled comply
with FOIA.
10. trigger FOIA administrative exhaustion requirement, Defendant was
required determine whether comply with Plaintiff request within twenty (20) working
days receiving the request, about January 23, 2018. 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).
11.
Because Defendant failed determine whether comply with Plaintiff request
within the time required FOIA, Plaintiff deemed have exhausted its administrative appeal
remedies. U.S.C. 552(a)(6)(C)(i).
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
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Case 1:18-cv-00221 Document Filed 01/31/18 Page
U.S.C. 552(a)(4)(E); and (5) grant Plaintiff such other relief the Court deems just and
proper.
Dated: January 31, 2018
Respectfully submitted,
/s/ James Peterson
James Peterson
D.C. Bar No. 450171
JUDICIAL WATCH, INC.
425 Third Street S.W., Suite 800
Washington, 20024
(202) 646-5175
jpeterson@judicialwatch.org
Counsel for Plaintiff
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