Case 1:26-cv-01546 Document 1 Filed 05/05/26 Page 1 of 4

IN THE UNITED STATES DISTRICT COURT FOR
THE DISTRICT OF COLUMBIA

JUDICIAL WATCH, INC.,
425 Third Street SW, Suite 800
Washington, DC 20024,

)
)
)
)
Plaintiff,
)
v.
Civil Action No.
)
U.S. DEPARTMENT OF HEALTH
AND HUMAN SERVICES,
200 Independence Avenue SW
Washington, DC 20201,

)
)
)
)
)
Defendant.
)

COMPLAINT

Plaintiff Judicial Watch, Inc. brings this action against Defendant U.S. Department of

Health and Human Services to compel compliance with the Freedom of Information Act,

5 U.S.C. § 552 (“FOIA”). As grounds therefor, Plaintiff alleges as follows:

JURISDICTION AND VENUE

1.
The Court has jurisdiction over this action pursuant to 5 U.S.C. § 552(a)(4)(B)

and 28 U.S.C. § 1331.

2.
Venue is proper in this district pursuant to 28 U.S.C. § 1391(e).

PARTIES

3.
Plaintiff Judicial Watch, Inc. is a not-for-profit, educational organization

incorporated under the laws of the District of Columbia and headquartered at 425 Third Street

SW, Suite 800, Washington, DC 20024. Plaintiff seeks to promote transparency, accountability,

and integrity in government and fidelity to the rule of law. As part of its mission, Plaintiff

regularly requests records from federal agencies pursuant to FOIA. Plaintiff analyzes the
Case 1:26-cv-01546 Document 1 Filed 05/05/26 Page 2 of 4
responses and disseminates its findings and the requested records to the American public to
inform them about “what their government is up to.”

4.
Defendant U.S. Department of Health and Human Services is an agency of the
U.S. Government and is headquartered at 200 Independence Avenue, S.W., Washington, DC
20201. Defendant has possession, custody, and control of records to which Plaintiff seeks
access.

STATEMENT OF FACTS

5.
On February 25, 2026, Plaintiff submitted a FOIA request to the U.S. Food and
Drug Administration (“FDA”), a component of Defendant, seeking access to:
1.
All communications sent to, received by, or copied to the
Commissioner of Food and Drugs, or to the
Commissioner’s immediate office, that concern, refer to, or
discuss mifepristone, RU-486, or any generic or branded
form of mifepristone approved, regulated, or reviewed by
the Food and Drug Administration.

2.
All documents related to any meeting with the
Commissioner of Food Drugs where mifepristone, RU-486,
or any generic or branded form of mifepristone approved,
regulated, or reviewed by the Food and Drug
Administration was discussed, including, but not limited to,
calendar events, calendar invitations, talking points,
PowerPoint presentations, written or audio recordings, and
post-meeting summaries.

The request asked that records be provided for the period “April 1, 2025, to the present.”

6.
By letter dated February 25, 2026, Defendant acknowledged receiving Plaintiff’s
request and advised Plaintiff that the request had been assigned case number FDA-FOIA-2026-
1972.

7.
As of the date of this Complaint, Defendant has failed to: (i) determine whether to
comply with the request; (ii) notify Plaintiff of any such determination or the reasons therefor;

2
Case 1:26-cv-01546 Document 1 Filed 05/05/26 Page 3 of 4

(iii) advise Plaintiff of the right to appeal any adverse determination; or (iv) produce the
requested records or otherwise demonstrate that the requested records are exempt from
production.

COUNT I
(Violation of FOIA, 5 U.S.C. § 552)

8. Plaintiff realleges paragraphs 1 through 7 as if fully stated herein.

9. Defendant is in violation of FOIA.

10. Plaintiff is being irreparably harmed by Defendant’s violation of FOIA, and
Plaintiff will continue to be irreparably harmed unless Defendant is compelled to comply with it.

11. Plaintiff has no adequate remedy at law.

12. To trigger FOIA’s administrative exhaustion requirement, Defendant was
required to make a final determination on Plaintiff’s request by March 25, 2026, at the latest.
Because Defendant failed to make a final determination within the time limits set by FOIA,
Plaintiff is deemed to have exhausted its administrative appeal remedies.

WHEREFORE, Plaintiff respectfully requests that the Court: (1) order Defendant to
conduct searches for any and all records responsive to Plaintiff’s FOIA request and demonstrate
that it employed search methods reasonably likely to lead to the discovery of records responsive
to Plaintiff’s FOIA request; (2) order Defendant to produce, by a date certain, any and all non-
exempt records responsive to Plaintiff’s FOIA request and Vaughn indices of any responsive
records withheld under claim of exemption; (3) enjoin Defendant from continuing to withhold
any and all non-exempt records responsive to Plaintiff’s FOIA request; (4) grant Plaintiff an
award of attorneys’ fees and other litigation costs reasonably incurred in this action pursuant to
5 U.S.C. § 552(a)(4)(E); and (5) grant Plaintiff such other relief as the Court deems just and
proper.

3
Case 1:26-cv-01546 Document 1 Filed 05/05/26 Page 4 of 4

Dated: May 5, 2026

Respectfully submitted,

/s/ Sean W. O’Donnell
SEAN W. O’DONNELL
D.C. Bar No. 90040392
JUDICIAL WATCH, INC.
425 Third Street SW, Suite 800
Washington, DC 20024
Tel: (202) 646-5172
Email: [email protected]

Attorney for Plaintiff

4