JW v. Veterans Affairs complaint 01078
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Case 1:17-cv-01078 Document Filed 06/06/17 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 VETERANS AFFAIRS 810 Vermont Avenue Washington, 20420, Defendant. Civil Action No. COMPLAINT Plaintiff Judicial Watch, Inc. brings this action against Defendant U.S. Department Veterans Affairs 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 1:17-cv-01078 Document Filed 06/06/17 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 Veterans Affairs agency the United States Government headquartered 810 Vermont Avenue NW, Washington, 20420. Defendant has possession, custody, and control records which Plaintiff seeks access. STATEMENT FACTS April 14, 2017, Plaintiff submitted FOIA request the U.S. Department Veterans Affairs Greater Los Angeles Healthcare System, component Defendant, seeking access the following records: Any and all lease, land-sharing, enhanced-use, other land use agreements currently effect for the West Los Angeles/Greater Los Angeles Campus GLA Campus including but not limited agreements with the Regents the University California, the Brentwood School, the Veterans Park Conservancy, and the City Los Angeles. Any and all records concerning relating the review all lease, land-sharing, enhanced-use, other land use agreements the GLA Campus, referenced Appendix the GLA Campus Draft Master Plan, issued January 28, 2016. Any and all notifications the Secretary intent enter into renew any lease, land-sharing, enhanced-use, other land use agreement for the GLA Campus, required Section 2(j)(1) the West Los Angeles Leasing Act 2016, 114 Pub. Law 226: (i) (ii) (iii) (iv) (v) The Committee Veterans Affairs the U.S. Senate; The Committee Veterans Affairs the U.S. House Representatives; The Committee Appropriations the U.S. Senate; The Committee Appropriations the U.S. House Representatives; U.S. Senator Diane Feinstein; -2- Case 1:17-cv-01078 Document Filed 06/06/17 Page (vi) (vii) U.S. Senator Kamala Harris; and U.S. Representative Ted Lieu. letter dated April 28, 2017, Defendant acknowledged receipt Plaintiff request April 14, 2017, and advised Plaintiff that the request had been assigned FOIA Request No. 17-07820-F. letter dated May 10, 2017, Defendant advised Plaintiff that was extending the processing time your April 14, 2017 request. The letter did not state whether Defendant was invoking the 10-day extension time allowed law and did not provide date which determination expected dispatched. U.S.C. 552(a)(6)(B)(i). 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. 10. Plaintiff being irreparably harmed reason Defendant violation FOIA, and Plaintiff will continue irreparably harmed unless Defendant compelled comply with FOIA. 11. trigger FOIA administrative exhaustion requirement, Defendant was required determine whether comply with Plaintiff request within the applicable time limit provisions U.S.C. 552(a)(6). minimum, Defendant was required to: (i) gather and review the requested documents; (ii) determine and communicate Plaintiff the scope any -3- Case 1:17-cv-01078 Document Filed 06/06/17 Page 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). Even allowing for 10-day extension, Defendant was required issue its determination about May 26, 2017. 12. Because Defendant failed determine whether comply with Plaintiff request within the time period 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 U.S.C. 552(a)(4)(E); and (5) grant Plaintiff such other relief the Court deems just and proper. -4- Case 1:17-cv-01078 Document Filed 06/06/17 Page Dated: June 2017 Respectfully submitted, /s/ Paul Orfanedes Paul Orfanedes D.C. Bar No. 429716 JUDICIAL WATCH, INC. 425 Third Street S.W., Suite 800 Washington, 20024 Tel: (202) 646-5172 Email: porfanedes@judicialwatch.org Counsel for Plaintiff -5-