Case 1:18-cv-00160 Document 1 Filed 01/25/18 Page 1 of 7

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
AMERICAN OVERSIGHT,
1030 15th Street NW, B255
Washington, DC 20005

v.
U.S. GENERAL SERVICES
ADMINISTRATION,
1800 F Street NW
Washington, DC 20405

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Plaintiff, )
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Defendant. )
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Case No. 18-cv-160

COMPLAINT
1.

Plaintiff American Oversight brings this action against the U.S. General Services

Administration under the Freedom of Information Act, 5 U.S.C. § 552 (FOIA), and the
Declaratory Judgment Act, 28 U.S.C. §§ 2201 and 2202, seeking declaratory and injunctive
relief to compel compliance with the requirements of FOIA.
JURISDICTION AND VENUE
2.

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

and 28 U.S.C. §§ 1331, 2201, and 2202.
3.

Venue is proper in this district pursuant to 5 U.S.C. § 552(a)(4)(B) and 28 U.S.C.

§ 1391(e).
4.

Because Defendant has failed to comply with the applicable time-limit provisions

of the FOIA, American Oversight is deemed to have exhausted its administrative remedies
pursuant to 5 U.S.C. § 552(a)(6)(C)(i) and is now entitled to judicial action enjoining the agency

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from continuing to withhold agency records and ordering the production of agency records
improperly withheld.
PARTIES
5.

Plaintiff American Oversight is a nonpartisan, non-profit section 501(c)(3)

organization committed to the promotion of transparency in government, the education of the
public about government activities, and ensuring the accountability of government officials.
Through research and FOIA requests, American Oversight uses the information it gathers, and its
analysis of it, to educate the public about the activities and operations of the federal government
through reports, published analyses, press releases, and other media. The organization is
incorporated under the laws of the District of Columbia.
6.

Defendant the U.S. General Services Administration (GSA) is an agency of the

federal government within the meaning of 5 U.S.C. § 552(f)(1) headquartered in Washington,
DC. GSA has possession, custody, and control of the records that American Oversight seeks.
STATEMENT OF FACTS
7.

My Pillow, Inc. is a pillow manufacturer based in Chaska, Minnesota.

8.

Mike Lindell, the CEO of My Pillow, donated significant money to the

presidential campaign of Donald Trump and the Republican National Committee, and he
appeared on the campaign trail with Mr. Trump.
9.

In July 2017, My Pillow received a contract modification on a contract with GSA

to sell pillows to the federal government.
10.

On November 2, 2017, American Oversight submitted four FOIA requests to

GSA relating to My Pillow.

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Contract FOIA Request
11.

The first FOIA request sought access to the following records:
A copy of contract number GS07F123DA and any contract
modifications thereto, including at least modification number
PSA580REVTERMCOND.

12.

GSA assigned the Contract FOIA Request tracking number GSA-2018-000145.
White House Communications FOIA Request

13.

The second FOIA request sought access to the following records:
All communications between any political appointee or SES
employee at GSA and anyone in the White House (meaning the
WHO) regarding My Pillow or its CEO, Mike Lindell.

The White House Communications FOIA Request sought all responsive records from January
20, 2017, to the date of the search. The request also specified that with respect to
communications regarding My Pillow, the agency should search for both “My Pillow” and
“MyPillow” (no space), as the company is referred to both ways.
14.

GSA assigned the White House Communications FOIA Request tracking number

GSA-2018-000146.
External Communications FOIA Request
15.

The third FOIA request sought access to the following records:
1) All communications between any political appointee or SES
employee at GSA and My Pillow or anyone acting on behalf of My
Pillow.
2) All communications between any political appointee or SES
employee at GSA and Mike Lindell or anyone acting on his behalf.

The External Communications FOIA Request sought all responsive records from January 20,
2017, to the date of the search.

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16.

GSA assigned the White House Communications FOIA Request tracking number

GSA-2018-000147.
Internal Communications FOIA Request
17.

The fourth FOIA request sought access to the following records:
All communications between political appointees and/or SES
employees at GSA regarding (a) My Pillow, (b) Mike Lindell, or (c)
contract number GS07F123DA.

The Internal Communications FOIA Request sought all responsive records from January 20,
2017, to the date of the search. The request also specified that with respect to communications
regarding My Pillow in part (a) of the request, the agency should search for both “My Pillow”
and “MyPillow” (no space), as the company is referred to both ways.
18.

GSA assigned the Internal Communications FOIA Request tracking number

GSA-2018-000148.
Exhaustion of Administrative Remedies
19.

As of the date of this Complaint, GSA has failed to (i) notify American Oversight

of any determination regarding the My Pillow FOIA requests, including the scope of any
responsive records GSA intends to produce or withhold and the reasons for any withholdings; or
(ii) produce the requested records or demonstrate that the requested records are lawfully exempt
from production.
20.

Through GSA’s failure to respond to American Oversight’s FOIA requests within

the time period required by law, American Oversight has constructively exhausted its
administrative remedies and seeks immediate judicial review.

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COUNT I
Violation of FOIA, 5 U.S.C. § 552
Failure to Conduct Adequate Searches for Records
21.

American Oversight repeats the allegations in the foregoing paragraphs and

incorporates them as though fully set forth herein.
22.

American Oversight properly requested records within the possession, custody,

and control of the GSA.
23.

GSA is an agency subject to FOIA and must therefore make reasonable efforts to

search for requested records.
24.

GSA has failed to promptly review agency records for the purpose of locating

those records which are responsive to American Oversight’s FOIA requests.
25.

GSA’s failure to conduct an adequate search for responsive records violates

26.

Plaintiff American Oversight is therefore entitled to injunctive and declaratory

FOIA.

relief requiring Defendant to promptly make reasonable efforts to search for records responsive
to American Oversight’s FOIA requests.
COUNT II
Violation of FOIA, 5 U.S.C. § 552
Wrongful Withholding of Non-Exempt Records
27.

American Oversight repeats the allegations in the foregoing paragraphs and

incorporates them as though fully set forth herein.
28.

American Oversight properly requested records within the possession, custody,

and control of the GSA.

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29.

GSA is an agency subject to FOIA and must therefore release in response to a

FOIA requests any non-exempt records and provide a lawful reason for withholding any
materials.
30.

GSA is wrongfully withholding non-exempt agency records requested by

American Oversight by failing to produce non-exempt records responsive to its FOIA requests.
31.

GSA is wrongfully withholding non-exempt agency records requested by

American Oversight by failing to segregate exempt information in otherwise non-exempt records
responsive to its FOIA requests.
32.

GSA’s failure to provide all non-exempt responsive records violates FOIA.

33.

Plaintiff American Oversight is therefore entitled to injunctive and declaratory

relief requiring GSA to promptly produce all non-exempt records responsive to its FOIA
requests and provide indexes justifying the withholding of any responsive records withheld under
claim of exemption.
REQUESTED RELIEF
WHEREFORE, American Oversight respectfully requests the Court to:
(1) Order Defendant to conduct a search reasonably calculated to uncover all records
responsive to American Oversight’s FOIA requests identified in this Complaint;
(2) Order Defendant to produce, by such a date as the Court deems appropriate, any and
all non-exempt records responsive to American Oversight’s FOIA requests and
indexes justifying the withholding of any responsive records withheld under claim of
exemption;
(3) Enjoin Defendant from continuing to withhold any and all non-exempt records
responsive to American Oversight’s FOIA requests;

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(4) Award American Oversight attorneys’ fees and other litigation costs reasonably
incurred in this action, pursuant to 5 U.S.C. § 552(a)(4)(E); and
(5) Grant American Oversight such other relief as the Court deems just and proper.

Dated: January 25, 2018

Respectfully submitted,
/s/ Sara Kaiser Creighton
Sara Kaiser Creighton
D.C. Bar No. 1002367
/s/ Austin R. Evers
Austin R. Evers
D.C. Bar No. 1006999
/s/ John E. Bies
John E. Bies
D.C. Bar No. 483730
AMERICAN OVERSIGHT
1030 15th Street NW, B255
Washington, DC 20005
(202) 869-5245
sara.creighton@americanoversight.org
austin.evers@americanoversight.org
john.bies@americanoversight.org
Counsel for Plaintiff

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