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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;
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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
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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.
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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
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