Shepherd v CFPB complaint 02004
Number of Pages:3
Date Created:August 27, 2018
Date Uploaded to the Library:August 29, 2018
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Case 1:18-cv-02004-TJK Document Filed 08/27/18 Page THE UNITED STATES DISTRICT COURT FOR THE DISTRICT COLUMBIA TODD SHEPHERD Plaintiff, CONSUMER FINANCIAL PROTECTION BUREAU 1700 St., Washington, 20220 Defendant. ____________________________________) Civil Action No. COMPLAINT Plaintiff Todd Shepherd Plaintiff brings this action against Defendant Consumer Financial Protection Bureau 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 Todd Shepherd staff writer the Washington Free Beacon where covers matters related the federal government. Defendant Consumer Financial Protection Bureau CFPB agency the U.S. Government and headquartered 1700 Street, NW, Washington 20220. Case 1:18-cv-02004-TJK Document Filed 08/27/18 Page information and belief, CFPB has possession, custody, and control records which Plaintiff seeks access. STATEMENT FACTS April 2018, Plaintiff submitted FOIA request CFPB seeking the following records: All phone logs for the office phone and government-provided government-issued cell phone for CFPB employee LeAndra English, from November 2017, and including March 30, 2018. (Date Range for Record Search: From 11/01/2017 03/30/2018). CFPB responded Plaintiff request letter dated April 19, 2018. Plaintiff request was designated FOIA Request #CFPB-2018-453-F. CFPB produced Plaintiff six pages redacted records, asserting FOIA Exemption Following timely appeal Plaintiff, CFPB again refused provide the requested records Plaintiff. CFPB denial was set forth letter Plaintiff dated July 10, 2018, referring Plaintiff appeal FOIA No. 2018-453-A. COUNT (Violation FOIA, U.S.C. 552) Plaintiff realleges paragraphs through fully stated herein. Defendant violating FOIA failing and/or refusing search for, identify, and produce any and all non-exempt records responsive Plaintiff request. 10. Plaintiff being irreparably harmed Defendant violations FOIA, and Plaintiff will continue irreparably harmed unless Defendant compelled comply with FOIA. 11. Plaintiff has adequate remedy law. -2- Case 1:18-cv-02004-TJK Document Filed 08/27/18 Page WHEREFORE, Plaintiff respectfully requests that the Court: (1) order Defendant conduct searches for any and all records responsive Plaintiff request and demonstrate that they employed search methods reasonably likely lead the discovery records responsive the request; (2) order Defendant produce, date certain, any and all non-exempt records responsive Plaintiff request and Vaughn index any responsive records withheld under claim exemption; (3) enjoin Defendant from continuing withhold any and all non-exempt records responsive the 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: August 27, 2018 Respectfully submitted, /s/ James Peterson James Peterson D.C. Bar No. 450171 JUDICIAL WATCH, INC. 425 Third Street SW, Suite 800 Washington, 20024 Phone: (202) 646-5175 Counsel for Plaintiff -3-