Case 1:22-cv-02078 Document 1 Filed 07/14/22 Page 1 of 4
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`UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF COLUMBIA
`
`
`WHITE COAT WASTE PROJECT
`7288 Hanover Green Dr.
`Mechanicsville, VA 23111
`
`
`Plaintiff,
`
`
`
`
`Civ. No.
`
`Complaint for Declaratory and
`Injunctive Relief
`
`
`THE UNITED STATES DEPARTMENT OF
`HEALTH AND HUMAN SERVICES,
`200 Independence Way, S.W.
`Washington DC 20201,
`
`
`v.
`
`Defendant.
`
`
`
`
`
`
`
`1. This is an action under the Freedom of Information Act (FOIA), 5 U.S.C. § 552,
`
`seeking the release of records related to the National Institute of Health’s (NIH)
`
`procurement of dogs to be used in experiments.
`
`Jurisdiction and Venue
`
`2. This Court has jurisdiction over the parties and subject matter pursuant to 5
`
`U.S.C. § 552(a)(4)(B).
`
`3. Venue is proper in this district pursuant to 5 U.S.C. § 552(a)(4)(B).
`
`Parties
`
`4. Plaintiff White Coat Waste Project, Inc. (WCW) is a bipartisan taxpayer
`
`watchdog organization pursuant to Section 501(c)(3) of the Internal Revenue Code,
`
`with its headquarters located at 7288 Hanover Green Drive, Mechanicsville, VA,
`
`23111. WCW’s mission is to unite animal-lovers and liberty-lovers to find, expose and
`
`
`
`1
`
`
`
`UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF COLUMBIA
`
`
`WHITE COAT WASTE PROJECT
`7288 Hanover Green Dr.
`Mechanicsville, VA 23111
`
`
`Plaintiff,
`
`
`
`
`Civ. No.
`
`Complaint for Declaratory and
`Injunctive Relief
`
`
`THE UNITED STATES DEPARTMENT OF
`HEALTH AND HUMAN SERVICES,
`200 Independence Way, S.W.
`Washington DC 20201,
`
`
`v.
`
`Defendant.
`
`
`
`
`
`
`
`1. This is an action under the Freedom of Information Act (FOIA), 5 U.S.C. § 552,
`
`seeking the release of records related to the National Institute of Health’s (NIH)
`
`procurement of dogs to be used in experiments.
`
`Jurisdiction and Venue
`
`2. This Court has jurisdiction over the parties and subject matter pursuant to 5
`
`U.S.C. § 552(a)(4)(B).
`
`3. Venue is proper in this district pursuant to 5 U.S.C. § 552(a)(4)(B).
`
`Parties
`
`4. Plaintiff White Coat Waste Project, Inc. (WCW) is a bipartisan taxpayer
`
`watchdog organization pursuant to Section 501(c)(3) of the Internal Revenue Code,
`
`with its headquarters located at 7288 Hanover Green Drive, Mechanicsville, VA,
`
`23111. WCW’s mission is to unite animal-lovers and liberty-lovers to find, expose and
`
`
`
`1
`
`
`
`Case 1:22-cv-02078 Document 1 Filed 07/14/22 Page 2 of 4
`
`defund wasteful taxpayer-funded animal experiments. WCW is the requester of the
`
`information at issue in this case.
`
`5. Defendant Department of Health and Human Services (DHHS) is an agency of
`
`the United States.
`
`6. The National Institute of Health (NIH) is a component of DHHS.
`
`7. The Office of Research Services, Research Facilities (ORS-ORF) is a component
`
`of NIH.
`
`8. DHHS, NIH, and ORS-ORF have possession, custody, and control of the
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`records WCW seeks.
`
`Statement of Facts
`
`WCW’s FOIA Case No. 57941
`
`9. On February 24, 2022, WCW submitted a FOIA request to ORS-ORF seeking
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`“copies of
`
`the
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`following documents related
`
`to NIH’s
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`federal contract
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`75N98020D00014:
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`• Procurement and shipping records for all dogs obtained under the contract
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`(including, but not limited to invoices, certificates of veterinary inspection,
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`other health certificates, shipping manifests, routing and contact sheets, and
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`CDC notifications);
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`• Acquisition and disposition records for the dogs obtained under the contract;
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`• Photos and videos of the shipments and/or dogs received; and
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`• IACUC-approved protocols assigned to the dogs.
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`10. The online portal assigned WCW request case number 57941.
`
`
`
`2
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`Case 1:22-cv-02078 Document 1 Filed 07/14/22 Page 3 of 4
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`11. On February 28, 2022, the agency acknowledged receipt of the request.
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`12. On February 28, 2022, a Government Information Specialist emailed WCW
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`requesting a date range and asking if WCW would agree to redaction of “names of
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`NIH employees, contractors as well as the building and room numbers.”
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`13. WCW provided a date range and agreed to the redactions on the same day.
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`14. On March 31, 2022, the same Government Information Specialist emailed
`
`WCW asking if WCW would agree to redaction of “the names and addresses of the
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`companies that suppl[y] the animals.”
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`15. WCW agree to those redactions on the same day.
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`16. To date, WCW has not received any further response or production, or any
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`denial letter, related to this request.
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`17. As of the filing of this Complaint, WCW has not received a final determination
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`and response regarding NIH FOIA Case No. 57941.
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`18. Pursuant to 5 U.S.C. § 552(a)(6)(C)(i), WCW is deemed to have exhausted its
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`administrative remedies with regard NIH FOIA Case No. 58229 because the agency
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`has failed to comply with the statutory time limit.
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`19. ORS-ORF (through the NIH and DHHS) continues to wrongfully withhold the
`
`requested records from WCW.
`
`
`
`Count I: Violation of FOIA
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`20. Plaintiff realleges and incorporates by reference the allegations in each of the
`
`preceding paragraphs of this Complaint.
`
`
`
`3
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`
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`Case 1:22-cv-02078 Document 1 Filed 07/14/22 Page 4 of 4
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`21. DHHS has wrongfully withheld agency records requested by WCW.
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`22. WCW has exhausted applicable administrative remedies with respect to
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`DHHS’s wrongful withholding of the requested records.
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`23. WCW and the public have been and will continue to be irreparably harmed
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`until DHHS is ordered to comply with WCW’s FOIA requests.
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`24. WCW is entitled to injunctive relief with respect to the release and disclosure
`
`of the requested documents.
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`Request for Relief
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`WHEREFORE, WCW respectfully requests that this Court:
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`(1) Declare DHHS’s failure to comply with FOIA to be unlawful;
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`(2) Enjoin DHHS from continuing to withhold the public records responsive to
`
`WCW’s FOIA request and otherwise order DHHS to produce the requested
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`public records without further delay;
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`(3) Grant WCW an award of attorney fees and other litigation costs reasonably
`
`incurred in this action, to the extent permitted by law; and
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`(4) Grant WCW such other and further relief which the Court deems proper.
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`
`Date: July 14, 2022
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`
`
`
`
`
`Respectfully submitted,
`
`/s/ Matthew Strugar __________________
`Matthew Strugar (D.C. Bar No. 1010198)
`Law Office of Matthew Strugar
`3435 Wilshire Blvd., Suite 2910
`Los Angeles, CA 90010
`323-696-2299
`matthew@matthewstrugar.com
`
`
`
`
`4
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