Case 1:21-cv-02302-TJK Document 1 Filed 08/30/21 Page 1 of 4
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF COLUMBIA
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`JUDICIAL WATCH, INC.,
`425 Third Street SW, Suite 800
`Washington, DC 20024,
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`Plaintiff,
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`v.
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`Civil Action No.
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`Defendant.
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`____________________________________)
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`U.S. DEPARTMENT OF HEALTH
`AND HUMAN SERVICES,
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`200 Independence Avenue SW
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`Washington, DC 20201,
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`COMPLAINT
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`Plaintiff Judicial Watch, Inc. brings this action against Defendant U.S. Department of
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`Health and Human Services to compel compliance with the Freedom of Information Act, 5
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`U.S.C. § 552. As grounds therefor, Plaintiff alleges as follows:
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`JURISDICTION AND VENUE
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`1.
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`The Court has jurisdiction over this action pursuant to 5 U.S.C. § 552(a)(4)(B)
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`and 28 U.S.C. § 1331.
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`2.
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`Venue is proper in this district pursuant to 28 U.S.C. § 1391(e).
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`PARTIES
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`3.
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`Judicial Watch, Inc. is a not-for-profit, educational organization incorporated
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`under the laws of the District of Columbia and headquartered at 425 Third Street SW, Suite 800,
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`Washington, DC 20024. Plaintiff seeks to promote transparency, accountability, and integrity in
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`government and fidelity to the rule of law. As part of its mission, Plaintiff regularly requests
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF COLUMBIA
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`JUDICIAL WATCH, INC.,
`425 Third Street SW, Suite 800
`Washington, DC 20024,
`
`
`Plaintiff,
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`v.
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`Civil Action No.
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`Defendant.
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`____________________________________)
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`U.S. DEPARTMENT OF HEALTH
`AND HUMAN SERVICES,
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`200 Independence Avenue SW
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`Washington, DC 20201,
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`
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`COMPLAINT
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`Plaintiff Judicial Watch, Inc. brings this action against Defendant U.S. Department of
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`Health and Human Services to compel compliance with the Freedom of Information Act, 5
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`U.S.C. § 552. As grounds therefor, Plaintiff alleges as follows:
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`JURISDICTION AND VENUE
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`1.
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`The Court has jurisdiction over this action pursuant to 5 U.S.C. § 552(a)(4)(B)
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`and 28 U.S.C. § 1331.
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`2.
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`Venue is proper in this district pursuant to 28 U.S.C. § 1391(e).
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`PARTIES
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`3.
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`Judicial Watch, Inc. is a not-for-profit, educational organization incorporated
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`under the laws of the District of Columbia and headquartered at 425 Third Street SW, Suite 800,
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`Washington, DC 20024. Plaintiff seeks to promote transparency, accountability, and integrity in
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`government and fidelity to the rule of law. As part of its mission, Plaintiff regularly requests
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`Case 1:21-cv-02302-TJK Document 1 Filed 08/30/21 Page 2 of 4
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`records from federal agencies, analyzes the responses it receives, and disseminates its findings to
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`the American public to inform them about “what their government is up to.”
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`4.
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`Defendant U.S. Department of Health and Human Services is an agency of the
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`U.S. Government and is headquartered at 200 Independence Avenue, S.W., Washington, DC
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`20201. Defendant has possession, custody, and control of records to which Plaintiff seeks
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`access.
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`STATEMENT OF FACTS
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`5.
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`On June 8, 2021, Plaintiff sent a FOIA request to the National Institutes of Health
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`(“NIH”), a component of Defendant U.S. Department of Health and Human Services, seeking
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`access to:
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`All emails sent to and from Director Francis Collins related to “gain of function”,
`“hydroxychloroquine”, “HCQ”, and/or “Wuhan Institute of Virology.”
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`The timeframe of the request was identified as October 1, 2019 to June 8, 2021. The request was
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`submitted via the agency’s online portal.
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`By an email dated June 8, 2021, NIH acknowledged receipt of the request and
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`6.
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`advised Plaintiff that the request had been designated as FOIA request #56471.
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`7.
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`As of the date of this Complaint, NIH has failed to: (i) determine whether to
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`comply with the request; (ii) notify Plaintiff of any such determination or the reasons therefor;
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`(iii) advise Plaintiff of the right to appeal any adverse determination; or (iv) produce the
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`requested records or otherwise demonstrate that the requested records are exempt from
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`production.
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`COUNT I
`(Violation of FOIA, 5 U.S.C. § 552)
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`Plaintiff realleges paragraphs 1 through 7 as if fully stated herein.
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`8.
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`Case 1:21-cv-02302-TJK Document 1 Filed 08/30/21 Page 3 of 4
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`9.
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`Defendant is in violation of FOIA.
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`10.
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`Plaintiff is being irreparably harmed by Defendant’s violation of FOIA, and
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`Plaintiff will continue to be irreparably harmed unless Defendant is compelled to comply with
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`the law.
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`11.
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`Plaintiff has no adequate remedy at law.
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`12.
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`To trigger FOIA’s administrative exhaustion requirement, Defendant was
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`required to make a final determination on Plaintiff’s request by July 8, 2021. Because Defendant
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`failed to make a final determination on Plaintiff’s request within the time limits set by FOIA,
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`Plaintiff is deemed to have exhausted its administrative appeal remedies.
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`WHEREFORE, Plaintiff respectfully requests that the Court: (1) order Defendant to
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`conduct a search for any and all records responsive to Plaintiff’s FOIA request and demonstrate
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`that it employed search methods reasonably likely to lead to the discovery of records responsive
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`to Plaintiff’s FOIA request; (2) order Defendant to produce, by a date certain, any and all non-
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`exempt records responsive to Plaintiff’s FOIA request and a Vaughn index of any responsive
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`records withheld under claim of exemption; (3) enjoin Defendant from continuing to withhold
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`any and all non-exempt records responsive to Plaintiff’s FOIA request; (4) grant Plaintiff an
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`award of attorneys’ fees and other litigation costs reasonably incurred in this action pursuant to
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`5 U.S.C. § 552(a)(4)(E); and (5) grant Plaintiff such other relief as the Court deems just and
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`proper.
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`Case 1:21-cv-02302-TJK Document 1 Filed 08/30/21 Page 4 of 4
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`Dated: August 30, 2021
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`Respectfully submitted,
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`/s/ Lauren M. Burke
`LAUREN M. BURKE
`DC Bar No. 1028811
`JUDICIAL WATCH, INC.
`425 Third Street SW, Suite 800
`Washington, DC 20024
`Tel:
`(202) 646-5172
`Email: lburke@judicialwatch.org
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`Counsel for Plaintiff
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