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Judicial Watch • Stamped Complaint 3

Stamped Complaint 3

Stamped Complaint 3

Page 1: Stamped Complaint 3


Number of Pages:4

Date Created:June 21, 2013

Date Uploaded to the Library:February 20, 2014

Tags:orfanedes, Intelligence, determination, appeal, Pursuant, AGENCY, responsive, watch, defendant, plaintiff, request, judicial, records, Washington, court, district, EPA, ICE, CIA

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425 Third Street, S.W., Suite 800  
Washington,  20024, 
Plaintiff, Civil Action No. 
Office General Counsel 
Washington, 20505, 
 Plaintiff Judicial Watch, Inc., and through its undersigned counsel, brings this action against Defendant Central Intelligence Agency(CIA) 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 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 
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 Langley, Virginia. Defendant has possession, custody, and control public records which Plaintiff seeks access. 
STATEMENT FACTS February 22, 2013, Plaintiff sent FOIA request Defendant via certified mail and facsimile seeking copy the following: 
Transcript the May 12, 2012 conference call between John Brennan and various terrorism consultants regarding foiled plot bomb U.S. aircraft, released the Senate Intelligence Committee. Pursuant U.S.C.  552(a)(6)(A)(i), Defendant was required determine whether comply with Plaintiffs request within twenty (20) working days receiving the request and notify Plaintiff immediately its determination, the reasons therefor, and the right appeal any adverse determination. letter dated March 21, 2013, Defendant acknowledged receiving Plaintiffs request March 2013, and assigned the request reference number F-2013-01016.  Defendants letter stated that was unlikely Defendant could respond the request within working days, but failed state when determination the request would made otherwise invoke the extension time provision made available U.S.C.  552(a)(6)(B).  Defendants letter also contained the following statement: 
You have the right consider our honest appraisal denial your request and you may appeal the Agency Release Panel. more practical approach would permit continue processing your request and respond you soon can. You will retain your appeal rights and, once you receive the results our search, 
can appeal that time you wish. will proceed that basis unless you object. Defendants statement not adverse determination within the meaning U.S.C.  552(a)(6)(A), and, therefore, administrative appeal any adverse determination was necessary possible. the date this Complaint, Defendant has failed to:  (i) determine whether comply with Plaintiffs request; (ii) notify Plaintiff any such determination the reasons therefor; (iii) advise Plaintiff the right appeal any adverse determination; (iv) produce the requested records otherwise demonstrate that the requested records are exempt from production. 
 10. Because Defendant failed comply with the time limits set forth U.S.C.  552(a)(6)(A)-(B), Plaintiff deemed have exhausted any and all administrative remedies with respect its FOIA request, reference number F-2013-01016, pursuant U.S.C.  552(a)(6)(C). 
(Violation FOIA, U.S.C.  552) 
 11.    Plaintiff realleges paragraphs through fully stated herein. 
 12. Plaintiff being irreparably harmed reason Defendants 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 Plaintiffs FOIA request, reference number F-2013-01016, and demonstrate that employed search methods reasonably likely lead the discovery records responsive Plaintiff's FOIA request; (2) order Defendant produce, date certain, any and all non-exempt records responsive Plaintiffs FOIA request, reference number F-2013-01016, and Vaughn index any responsive records withheld under claim 
exemption; (3) enjoin Defendant from continuing withhold any and all non-exempt records responsive Plaintiffs 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. 
Dated:  June 21, 2013     Respectfully submitted, 
        /S/  Paul Orfanedes   
        Paul Orfanedes 
        D.C. Bar No. 429716 
        425 Third Street, S.W., Suite 800 
        Washington, 20024 
        (202) 646-5172 
        (202) 646-5199, facsimile 
        Attorneys for Plaintiff