CU v. Labor Dept. FOIA Complaint (Tom Perez Emails)
CU v. Labor Dept. FOIA Complaint (Tom Perez Emails)
CU v. Labor Dept. FOIA Complaint (Tom Perez Emails)
CITIZENS UNITED, )
1006 Pennsylvania Avenue, S.E. )
Washington, DC 20003, )
)
Plaintiff, )
)
v. )
) Civil Action No. 19-310
UNITED STATES DEPARTMENT )
OF LABOR, )
200 Constitution Avenue, N.W. )
Washington, DC 20210, )
)
Defendant. )
____________________________________)
COMPLAINT
Plaintiff Citizens United brings this action against Defendant the United States
Information Act, 5 U.S.C. § 552 (“FOIA”). As grounds therefor, Plaintiff alleges the following:
1. The Court has jurisdiction over this action pursuant to 5 U.S.C. § 552(a)(4)(B)
§ 1391(e).
PARTIES
place of business in Washington, D.C. Citizens United is organized and operated as a non-profit
membership organization that is exempt from federal income taxes under Section 501(c)(4) of
the U.S. Internal Revenue Code. Citizens United seeks to promote social welfare through
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informing and educating the public with respect to conservative ideas and positions on issues,
including constitutional principles, national defense, the free enterprise system, belief in God,
and the family as the basic unit of society. In furtherance of those ends, Citizens United
produces and distributes information and documentary films on matters of public importance.
Citizens United regularly requests access to the public records of federal government agencies,
entities, and offices, to disseminate its findings to the public through its documentary films and
publications.
States Government and is headquartered at 200 Constitution Avenue, N.W., Washington, D.C.
20210. Defendant has possession, custody, and control of records to which Plaintiff seeks
access.
STATEMENT OF FACTS
5. Citizens United routinely submits FOIA requests, and this matter concerns one
FOIA request submitted to Defendant on March 3, 2017, which Defendant has failed to process.
The time period covered by the FOIA request was July 1, 2013 to January 19, 2017.
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8. The Labor Department acknowledged receipt of the FOIA request on March 17,
2017. See Exhibit B. Defendant’s acknowledgment of Citizens United’s FOIA request sought
the FOIA request and assigning it tracking number 827341. See Exhibit C.
“continuing to process” the FOIA request, and asking Plaintiff to confirm that it is still interested
11. As of the date of this Complaint, Defendant has failed to provide a substantive
response to the FOIA request or to produce any responsive records, nor has it asserted any claims
that responsive records are exempt from production. Such failure is in clear violation of both the
12. Since Defendant has failed to comply with the time limit set forth in 5 U.S.C. §
552(a)(6)(A)(i), Citizens United is deemed to have fully exhausted any and all administrative
CAUSE OF ACTION
(Violation of FOIA, 5 U.S.C. § 552)
13. Plaintiff realleges paragraphs 1 through 12 as though fully set forth herein.
14. Defendant has failed to provide any records and has failed to claim any
exemptions regarding Citizens United’s March 3, 2017 FOIA request for copies of all email
communications which contain the specified email addresses as stated in the request within the
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withholding of requested records, and Citizens United will continue to be irreparably harmed
unless Defendant is compelled to conform its conduct to the requirements of the law.
WHEREFORE, Plaintiff Citizens United requests that the Court grant all appropriate
a. An order and judgment requiring the Defendant to conduct a search for any and
all records responsive to Citizens United’s FOIA request and to demonstrate that
b. An order and judgment requiring the Defendant to produce, by a date certain, any
and all non-exempt records responsive to Citizens United’s FOIA request and a
withhold any and all non-exempt records in this case that are responsive to
e. Any other relief that this Court in its discretion deems just and proper.
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