Number of Pages:4
Date Created:July 25, 2012
Date Uploaded to the Library:February 20, 2014
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JUDICIAL WATCH, INC., 425 Third Street, S.W., Suite 800 Washington, 20024, Plaintiff, Civil Action No. U.S. DEPARTMENT HEALTH HUMAN SERVICES 200 Independence Avenue, S.W. Washington, 20201, Defendant. COMPLAINT 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). COUNT (Violation ofFOIA, U.S.C. 552) 10. Plaintiff realleges paragraphs through fully stated herein. 11. 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}]'