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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.
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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
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