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Judicial Watch • State Dept 13 951

State Dept 13 951

State Dept 13 951

Page 1: State Dept 13 951


Number of Pages:4

Date Created:June 21, 2013

Date Uploaded to the Library:February 20, 2014

Tags:orfanedes, control, house, determination, number, Pursuant, White, responsive, Benghazi, watch, defendant, White House, plaintiff, request, judicial, records, office, Washington, court, EPA, ICE, CIA

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425 Third Street, S.W., Suite 800  
Washington,  20024, 
Plaintiff, Civil Action No. 
The Executive Office 
Office the Legal Adviser, Room 5519 
2201 Street, N.W. 
Washington, 20024, 
 Plaintiff Judicial Watch, Inc., and through its undersigned counsel, brings this action against Defendant U.S. Department State 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 and headquartered 2201 Street, N.W., Washington, 20520.  Defendant has possession, custody, and control public records which Plaintiff seeks access. 
STATEMENT FACTS October 18, 2012, Plaintiff sent FOIA request Defendant via certified mail seeking access to: Copies any updates and/or talking points given Ambassador    Rice the White House any federal agency concerning, regarding, related the September 11, 2012 attack the U.S. consulate Benghazi, Libya. Any and all records communications concerning, regarding, related the talking points updates the Benghazi attack given Ambassador Rice the White House any federal agency. letter dated October 26, 2012, Defendant acknowledged receiving Plaintiffs request and assigned its request Case Control Number F-2012-38774. Defendant was required determine whether comply with Plaintiffs request within twenty (20) working days after its receipt the request, 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. the date this Complaint, Defendant has failed make determination about whether will comply with Plaintiffs request, notify Plaintiff any determination, notify Plaintiff its right appeal any adverse determination the head the agency.  Moreover, Defendant has failed produce any records responsive the request, indicate when any responsive records will produced, demonstrate 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). 
(Violation FOIA, U.S.C.  552) 
 10. Plaintiff realleges paragraphs through fully stated herein. 
 11. Defendant unlawfully withholding records requested Plaintiff pursuant U.S.C.  552.   
 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 this Honorable Court: (1) order Defendant conduct search for any and all responsive records Plaintiffs FOIA request, Case Control Number F-2012-38774, 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, Case Control Number F-2012-38774, 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 under the circumstances herein. 
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