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Judicial Watch • Stamped Complaint – 00512

Stamped Complaint – 00512

Stamped Complaint – 00512

Page 1: Stamped Complaint – 00512


Number of Pages:4

Date Created:March 27, 2014

Date Uploaded to the Library:April 18, 2014

Tags:independence, medicare, Human, Plaintiffs, Services, responsive, defendant, filed, plaintiff, request, document, records, Washington

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JUDICIAL WATCH, INC., 425 Third Street, SW, Strite 800 Washington, 20024, Plaintiff, Civil Action No. 
U.S. DEPARTMENT HEALTH AND ffiJMAN SERVICES, 200 Independence Avenue, 20201,
Washint,'1on. Defendant. 
Judicial Watch, Inc. brings this action against Defendant, U.S. Department Health and Human Services, 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, Judicial Watch, Inc.,, educational foundation organized under the laws the District Colwnbia and having its principal place business 425 Third Street, SW, Suite 800, Washington, 20024. Plaintiff seeks promote integrity, transparency, and accountability government and fidelity the mle law. part its educational mission, Plaintiff regularly requests records under FOIA shed light the operations the 

federal govenunent agencies and educate the public about these operations. Plaintiff then 
analyzes the agency records and disseminates the results its analysis, well the records 
themselves, the public. Defendant, U.S. Department Health and Human Services, agency the 
U.S. Government and headquartered 200 Independence Avenue, SW, Washington, 
20201. Defendant has possession, custody, and control ofpublic records which Plaintiff seeks 
STATEMENT t'ACTS November 2013, Plaintiff sent FOIA request the Centers for Medicare 
Medicare Services, component Defendant, certified mail, return receipt requested, seeking 
access the following: 	Any and all records concerning, regarding, related contracts awarded private entities provide navigators assist individuals obtaining health insurance under the Patient Protection and Affordable Care Act; and 
ii) 	Any and all records concerning, regarding, related the federal requirements for the above-mentioned navigators, including but not limited backgrmmd checks and qualifications. letter dated November 25, 2013, the Centers for Medicare and Medicaid 
Services, through the Office Strategic Operations and Regulatoty Affairs/Openness, 
Transparency Accountability Group, acknowledged receiving .Plaintiffs FOIA request and 
assigned Control Number 11182013 7058. 	Defendant was required determine whether comply with Plaintiffs request 
within days after its receipt the request, excepting Saturdays. Sundays, and legal public 
holidays, pursuant U.S.C.  552(a)(6)(A). .Pursuant this same provision, Defendant abo 

was required notify Plaintiff immediately the determination, the reasons therefor, and the right appeal any adverse determination the hi:ad the agency. the date this Complaint, Defendant has failed make determination about whether will comply with Plaintiff's request, notify Plaintiff any detennination, notify Plaintiff his right appeal any adverse detennination 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)-(B), Plaintiff deemed have exhausted any and all administrative remedies with respect its FOIA request, pursuant U.S.C.  552(a)(6)(C). 

COUNTl (Violation FOIA, U.S.C.  552) 
I0. Plaintiff realleges paragraphs through fully stated herein. 
Defendant unlawfully withholding records requested Plaintiff pursuant u.s.c.  552. 

Plaintiff being irreparably hanned reason Defendant's unlawful 
withholding requested records, and Plaintiff will continue irreparahly hanned unless 
Defendant compelled conform its conduct the requirements the law. 

WIIEREFORE, Plaintiff respectfully requests that the Court: (1) order Defendant conduct search for any and all responsive records Plaintiffs FOIA request 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 Plaintiff's FOIA request and Vaughn index any responsive records withheld under claim exemption; (3) enjoin Defendant from continuing withhold any and all