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Judicial Watch • LaRaza7_25



Page 1: LaRaza7_25


Number of Pages:4

Date Created:July 25, 2012

Date Uploaded to the Library:February 20, 2014

Tags:LaRaza7, xpvwxu, ixmtwlwx, hxljn

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JUDICIAL WATCH, INC., 425 Third Street, S.W., Suite 800 
Washington,  20024,  
Plaintiff,  Civil Action No.  

200 Independence Avenue, S.W. Washington, 20201, 

PlaintiffJudicial Watch, Inc. brings this action against Defendant U.S. Department 
HeaJth Human Services compel compliance with the Freedom Information Act, U.S.C.  
552 (''FOIA"). grounds therefor, Plaintiffalleges 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. 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, 
and local government agencies, entities, and otlices, and disseminates its finilings the public. Defendant U.S. Department ofHealth and Human Services agency the U.S. 
Government and headquartered 200 Independence Avenue, S.W., Washington, 20201. 
Defendant has possession, custody, and control records which Plaintiff seeks access. 
STATEMENT FACTS December 2011, Plaintiff sent FOIA request Defendant seeking access 
the following: Any and all records regarding, concerning related the Racial and Ethnic 
Approaches Community Health (REACH) program grants awarded the National 
Council Raza between September 11, 2009 and September 20, 2011 (ref. Federal 
Award Identification Number U58DP002324). This request includes, but not 
limited to, the grant application, records regarding the disbursement
rant payments, records communication regarding the awarding the grant, and all records related the management, evahiation and oversight the activities funded the grant. 
ii. Any and all records communication between any official, employee 
representative the Centers for Disease Conrrol and Prevention and any official,
employee representatve ofd1e White House Office oflntergovemmental Affairs (including, but not limited to, Director Cecilia Munoz) regarding, concerning related any grants applied for and/or awarded the National Council Raza between January 20, 2009 and the present. letter dated December 19, 2011, Defendant acknowledged receipt 
Pursuant U.S.C.  552(a)(6)(A)(i), Defendant was required determine 

Plaintiff's FOIA request December 13, 2011 and designated the request #12-00252-FO IA. 
whether comply with Plaintiffs request within twenty (20) working days after receipt the 
request and notify Plaintiff immediately its determination, the reasons therefor, and the right appeal any adverse determination. Because Plaintiff sent its request the component 
Defendant designated Defendant receive FOIA requests, pursuant U.S.C.  552(a)(6)(A) 
Defendant's receipt the request December 13, 2011. Accordingly, Defendant's 
determination was due January 26, 2012 the latest. the date this Complaint, Defendant has failed produce any records 
responsive the request demonstrate that responsive records are exempt from production. 
Nor has indicated whether when any responsive records will produced. short, other 
than the acknowledgement letters received Plainti.fl: Defendant has failed respond the 
request any manner. 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 ofFOIA, U.S.C.  552) 
Plaintiff realleges paragraphs through fully stated herein. 

Defendant unlawfully withholding records requested Plaintiff pursuant u.s.c.  552. 
12. Plaintiff being irreparably harmed reason Defendant's unlawful 
withholding ofrequested 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's 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 
withheld under claim exemption; (3) enjoin Defendant from continuing withhold any and all 
non-exempt records responsive Plaintiffs FOTA 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: July 18, 2012 	Respectfully submitted, JUDICIAL WATCH, INC. 
Isl Paul Orfanedes 
D.C. Bar No. 429716 
425 Third Street, S.W., Suite 800 Washington, 20024 
(202) 646-5172 
Attorneys for Plain ti}]'