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Judicial Watch • Obamacare website lawsuit (JW v. HHS)

Obamacare website lawsuit (JW v. HHS)

Obamacare website lawsuit (JW v. HHS)

Page 1: Obamacare website lawsuit (JW v. HHS)


Number of Pages:4

Date Created:November 25, 2013

Date Uploaded to the Library:December 03, 2013

Tags:JW v. HHS, obamacare website, obamacare

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Case 1:13-cv-01855-RLW Document Filed 11/25/13 Page THE UNITED STATES DISTRICT COURT
425 Third Street, S.W., Suite 800
Washington, 20024,
200 Independence Avenue, S.W.
Washington, 20201,
Civil Action No.
Plaintiff Judicial Watch, Inc. brings this action against Defendant U.S. Department
Health Human Services compel compliance with the Freedom Information Act, U.S.C. 
552 FOIA grounds therefor, Plaintiff alleges follows:
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).
Plaintiff 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, transparency, and
accountability government and fidelity the rule law. furtherance its public interest
Case 1:13-cv-01855-RLW Document Filed 11/25/13 Page
mission, Plaintiff regularly requests access the public records federal, state, and local
government agencies, entities, and offices, and disseminates its findings the public.
Defendant agency the United States Government and headquartered
200 Independence Ave., SW, Washington, 20201. Defendant has possession, custody, and
control records which Plaintiff seeks access.
STATEMENT FACTS October 2013, Plaintiff sent FOIA request Defendant, certified mail,
return receipt requested, seeking access the following:
--Any and all records concerning, regarding, related the number individuals that purchased health insurance through
between October 2013 and October 2013.
According the United States Postal Service return receipt, Defendant received
Plaintiff FOIA request October 22, 2013. letter dated October 30, 2013, Defendant acknowledged receipt Plaintiff
request and assigned the request Control Number 102520137024 and PIN KVHW.
Defendant was required determine whether comply with Plaintiff request
within days, excepting Saturdays, Sundays, and legal public holidays, pursuant U.S.C. 
552(a)(6)(A). Pursuant this same provision, Defendant also was required notify Plaintiff
immediately the determination, the reasons therefor, and the right appeal any adverse
determination the head the agency. Excluding weekends, Defendant was required make
its determination and provide Plaintiff with the requisite notifications November 21, 2013 the
latest. the date this Complaint, Defendant has failed make determination
about whether will comply with Plaintiff request, notify Plaintiff any determination,
Case 1:13-cv-01855-RLW Document Filed 11/25/13 Page
notify Plaintiff his right appeal any adverse determination the head the agency. Nor has
Defendant produced any records responsive the request, indicated when any responsive records
will produced, demonstrated that responsive records are exempt from production.
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 FOIA, U.S.C. 552)
Plaintiff realleges paragraphs through fully stated herein.
Defendant unlawfully withholding records requested Plaintiff pursuant U.S.C. 552.
Plaintiff being irreparably harmed reason Defendant unlawful
withholding requested 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 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
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.
Case 1:13-cv-01855-RLW Document Filed 11/25/13 Page
Dated: November 25, 2013
Respectfully submitted,
/S/ Paul Orfanedes
D.C. Bar No. 429716
425 Third Street, S.W., Suite 800
Washington, 20024
(202) 646-5172
Attorneys for Plaintiff