Case 1:18-cv-02582 Document 1 Filed 11/09/18 Page 1 of 19

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
)
)
)
)
)
Plaintiff, )
)
v.
)
)
U.S. DEPARTMENT OF EDUCATION,
)
400 Maryland Avenue SW
)
Washington, DC 20202
)
)
Defendant. )
)
AMERICAN OVERSIGHT,
1030 15th Street NW, B255
Washington, DC 20005

Case No. 18-2582

COMPLAINT
1.

Plaintiff American Oversight brings this action against the U.S. Department of

Education 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 Defendant

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 Case 1:18-cv-02582 Document 1 Filed 11/09/18 Page 2 of 19

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 primarily engaged in disseminating information to the public. American Oversight
is 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 U.S. Department of Education (Education) is a department of the

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

On April 27, 2018, American Oversight submitted a FOIA request to Education,

seeking the following records:
All decision memoranda, directives, policy interpretations, or policy
guidance related to the borrower defense rule signed, approved, or
otherwise adopted by any of the following:
• Secretary DeVos
• The Deputy Secretary
• The Under Secretary
• The Assistant Secretary for Postsecondary Education

2

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•
•
•
•
•
•

The Deputy Assistant Secretary for Higher
Education Programs
The Deputy Assistant Secretary for Policy, Planning,
and Innovation
The Assistant Secretary for Career, Technical, and
Adult Education
The General Counsel
The Deputy General Counsel for Postsecondary
Service
Any other political appointee, SES employee, or
person holding an administratively determined
position in the Office of the Secretary, the Office of
the Deputy Secretary, the Office of the Under
Secretary, the Office of the Assistant Secretary for
Postsecondary Education, the Office of Higher
Education Programs, the Office of Policy, Planning,
and Innovation, the Office of Career, Technical,
and Adult Education, or the Office of the
General Counsel.

Please provide all responsive records from January 20, 2017, to the
date the search is conducted.
8.

Education assigned the request tracking number 18-01727-F.

9.

American Oversight has received no further communication from Education

regarding the processing of its FOIA request.
Presidential Communications Request
10.

On April 27, 2018, American Oversight submitted a FOIA request to Education,

seeking the following records:
1) All communications regarding the borrower defense rule between
any of the individuals listed below and anyone in the Executive
Office of the President (including anyone using an eop.gov email
address)
•
•
•
•
•

Secretary DeVos
The Deputy Secretary
The Under Secretary
The Assistant Secretary for Postsecondary Education
The Deputy Assistant Secretary for Higher Education
Programs
3

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•
•
•
•
•

•

The Deputy Assistant Secretary for Policy, Planning, and
Innovation
The Assistant Secretary for Career, Technical, and Adult
Education
The General Counsel
The Deputy General Counsel for Postsecondary Service
Any other political appointee, SES employee, or person
holding an administratively determined position in the
Office of the Secretary, the Office of the Deputy
Secretary, the Office of the Under Secretary, the Office
of the Assistant Secretary for Postsecondary Education,
the Office of Higher Education Programs, the Office of
Policy, Planning, and Innovation, the Office of Career,
Technical, and Adult Education, or the Office of the
General Counsel
Anyone acting on behalf of any of the individuals listed
above, such as administrative assistants or chiefs of staff

2) All calendar entries for the individuals listed below that relate to the
borrower defense rule and include any individual from the
Executive Office of the President (including anyone using an
eop.gov email address) as an invitee or participant.
•
•
•
•
•
•
•
•
•
•

Secretary DeVos
The Deputy Secretary
The Under Secretary
The Assistant Secretary for Postsecondary Education
The Deputy Assistant Secretary for Higher Education
Programs
The Deputy Assistant Secretary for Policy, Planning, and
Innovation
The Assistant Secretary for Career, Technical, and Adult
Education
The General Counsel
The Deputy General Counsel for Postsecondary Service
Any other political appointee, SES employee, or person
holding an administratively determined position in the
Office of the Secretary, the Office of the Deputy
Secretary, the Office of the Under Secretary, the Office
of the Assistant Secretary for Postsecondary Education,
the Office of Higher Education Programs, the Office of
Policy, Planning, and Innovation, the Office of Career,
Technical, and Adult Education, or the Office of the
General Counsel

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•

Anyone acting on behalf of any of the individuals listed
above, such as administrative assistants or chiefs of staff

For calendar entries created in Outlook or similar programs, the
documents should be produced in “memo” form to include all
invitees, any notes, and all attachments. Please do not limit your
search to Outlook calendars—we request the production of any
calendar—paper or electronic, whether on government-issued or
personal devices—used to track or coordinate how these individuals
allocate their time on agency business.
Please provide all responsive records from January 20, 2017, to the
date the search is conducted.
11.

Education assigned the request tracking number 18-01730-F.

12.

American Oversight has received no further communication from Education

regarding the processing of its FOIA request.
Congressional Communications Request
13.

On April 27, 2018, American Oversight submitted a FOIA request to Education,

seeking the following records:
1) All communications regarding the borrower defense rule between any of the
individuals listed below and any member of Congress or members of
congressional staff (including anyone using an email address ending in senate.gov
or mail.house.gov)
•
•
•
•
•
•
•
•
•
•

Secretary DeVos
The Deputy Secretary
The Under Secretary
The Assistant Secretary for Postsecondary Education
The Deputy Assistant Secretary for Higher Education Programs
The Deputy Assistant Secretary for Policy, Planning, and Innovation
The Assistant Secretary for Career, Technical, and Adult Education
The General Counsel
The Deputy General Counsel for Postsecondary Service
Any other political appointee, SES employee, or person holding an
administratively determined position in the Office of the Secretary, the
Office of the Deputy Secretary, the Office of the Under Secretary, the
Office of the Assistant Secretary for Postsecondary Education, the
Office of Higher Education Programs, the Office of Policy, Planning,

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•

and Innovation, the Office of Career, Technical, and Adult Education,
or the Office of the General Counsel
Anyone acting on behalf of any of the individuals listed above, such as
administrative assistants or chiefs of staff

2) All calendar entries for the individuals listed below that relate to the borrower
defense rule and include any member of Congress or congressional staff
(including anyone using an email address ending in senate.gov or mail.house.gov)
as an invitee or participant.
•
•
•
•
•
•
•
•
•
•

•

Secretary DeVos
The Deputy Secretary
The Under Secretary
The Assistant Secretary for Postsecondary Education
The Deputy Assistant Secretary for Higher Education Programs
The Deputy Assistant Secretary for Policy, Planning, and Innovation
The Assistant Secretary for Career, Technical, and Adult Education
The General Counsel
The Deputy General Counsel for Postsecondary Service
Any other political appointee, SES employee, or person holding an
administratively determined position in the Office of the Secretary, the
Deputy Secretary, the Under Secretary, the Office of the Assistant
Secretary for Postsecondary Education, the Office of Higher Education
Programs, the Office of Policy, Planning, and Innovation, the Office
of Career, Technical, and Adult Education, or the Office of the
General Counsel
Anyone acting on behalf of any of the individuals listed above, such as
administrative assistants or chiefs of staff

For calendar entries created in Outlook or similar programs, the documents should
be produced in “memo” form to include all invitees, any notes, and all
attachments. Please do not limit your search to Outlook calendars—we request the
production of any calendar—paper or electronic, whether on government-issued
or personal devices—used to track or coordinate how these individuals allocate
their time on agency business.
Please provide all responsive records from January 20, 2017, to the date the
search is conducted.
14.

Education assigned the request tracking number 18-01732-F.

15.

On November 2, 2018, Education notified American Oversight that this request

had been forwarded “to the appropriate offices to search for documents that may be responsive to
[the] request: Office of the Under Secretary (OUS), Office of the Secretary (OS), Office of
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Postsecondary Education (OPE), Office of the General Counsel (OGC), Office of the Deputy
Secretary (ODS), and Office of Career, Technical & Adult Education (OCTAE).”
16.

In the same letter, Education stated that the “Staff in ODS and OCTAE informed

the FOIA Services Center that after a thorough search of their files, they were unable to locate
any documents that were responsive to [the] request.”
17.

American Oversight has received no other communication from Education

regarding the processing of its FOIA request.
School Communications Request
18.

On April 27, 2018, American Oversight submitted a FOIA request to Education,

seeking the following records:
1) All communications related to the borrower defense rule between any of
the individuals listed in Category A below and any individual or
representative of an entity listed in Category B below.
2) All calendar entries related to the borrower defense rule for any of the
individuals listed in Category A below, if they also include any individual
or representative of an entity listed in Category B below as an invitee
or attendee:
•
•
•
•
•
•
•
•
•
•

Category A – Agency Officials
Secretary DeVos
The Deputy Secretary
The Under Secretary
The Assistant Secretary for
Postsecondary Education
The Deputy Assistant Secretary for
Higher Education Programs
The Deputy Assistant Secretary for
Policy, Planning, and Innovation
The Assistant Secretary for Career,
Technical, and Adult Education
The General Counsel
The Deputy General Counsel for
Postsecondary Service
any other political appointee or
SES employee in the Office of the
7

Category B – Outside Entities
• Adtalem Global Education
(adlatem.com)
o Lisa Wardell
o Eric Dirst
o Robert Paul
o Liza Sodeika
o Christopher Begley
o DeVry University
(devry.edu)
o Keller Graduate School of
Management (Keller.edu)
o Ross University
(rossu.edu)
o Carrington College
(carrington.edu)

 Case 1:18-cv-02582 Document 1 Filed 11/09/18 Page 8 of 19

Category A – Agency Officials
Secretary, the Deputy Secretary,
the Under Secretary, the Office of
the Assistant Secretary for
Postsecondary Education, the
Office of Higher Education
Programs, the Office of Policy,
Planning, and Innovation, the
Office of Career, Technical,
and Adult Education, or the Office
of the General Counsel
• Anyone acting on behalf of any
of the individuals listed
above, such as administrative
assistants or chiefs of staff

8

Category B – Outside Entities
o Chamberlain University
(chamberlain.edu)
• American Public Education
(americanpubliceducation.org)
o Wallace Boston
o Richard Sunderland
o Karan Powell
o Barbara Fast
o American Military
University
(amu.apus.edu)
o American Public
University (apu.apus.edu)
• Apollo Education Group
(apollo.edu)
o Anthony Miller
o Gregory Cappelli
o Mark Brenner
o Jeff Langenbach
o Peter Cohen
o Joan Blackwood
o Byron Jones
o Raghu Krishnaiah
o University of Phoenix
(phoenix.edu)
• Bridgepoint Education
(bridgepointeducation.com)
o Andrew Clark
o Kevin Royal
o Tom McCarty
o Vickie Schray
o Ashford University
(ashford.edu)
o University of the Rockies
(rockies.edu)
• Capella Education
(capellaeducation.com)
o J. Kevin Gilligan
o Steven Polacek
o Ricahrd Senese
o Andrew Watt
o David Smith
o Capella University
(capella.edu)

 Case 1:18-cv-02582 Document 1 Filed 11/09/18 Page 9 of 19

Category A – Agency Officials

9

Category B – Outside Entities
• Career Education Corporation
(careered.com)
o Todd Nelson
o Andrew Cederoth
o Andrew Hurst
o John Kline
o Colorado Technical
University
(coloradotech.edu)
o American
InterContinental
University (aiuniv.edu)
o Sanford-Brown
(sanfordbrown.org)
• Education Affiliates (edaff.com)
o Duncan Anderson
o Stephen Budosh
• Education Corporation of
America (ecacolleges.com)
o Stu Reed
o Christopher Boehm
o Erin Shea
o Roger Swartzwelder
o John Woods
o John Schuman
o Dominic Fedele
o Virginia College (vc.edu)
o New England College of
Business (necb.edu)
• Education Management
Corporation (edmc.edu)
o Cynthia Baum
o Frank Jalufka
o Mark McEachen
o Art Institutes
(artinstitutes.edu)
o South University
(southunversity.edu)
o Argosy University
(argosy.edu)
• Global University Systems
(globaluniversitysystems.com)
o Aaron Etingen
o Maurits Van Rooijen
o Graeme Simpson

 Case 1:18-cv-02582 Document 1 Filed 11/09/18 Page 10 of 19

Category A – Agency Officials

10

Category B – Outside Entities
• Grand Canyon University
(gcu.edu)
o Brian Mueller
o Stan Meyer
o Dan Bachus
o Antoinette FarmerThompson
• Graham Holdings (ghco.com)
o Kaplan, Inc. (kaplan.com)
o Don Graham
o Andrew Rosen
o Matthew Seelye
o Gregory Marino
o Kaplan University
(kaplanuniversity.edu)
• International Education
Corporation (iecolleges.com)
o Fardad Fateri
o Shoukry Tiab
o Sanjay Sardana
o Mara Schteinschraber
o Darcy Dauderis
o Nader Timsah
o Doug Min
o Aaron Mortensen
o UEI College (uei.edu)
o Florida Career College
(floridacareercollege.edu)
o U.S. Colleges
(uscmed.com)
• Laureate Education, Inc. or
Laureate International
Universities (laureate.net)
o Douglas Becker
o Eilif Serck-Hanssen
o Jonathan Kaplan
o Paul Lussow
o Ryan Bartelmay
o Michael Coatrieux
o Jen Briar
o Lee McGee
o Marvin Malecha
o Vivian Sanchez
o Leonard Zegarski
o Christine Guevara

 Case 1:18-cv-02582 Document 1 Filed 11/09/18 Page 11 of 19

Category A – Agency Officials

11

Category B – Outside Entities
o Susan Fairbairn
o Bonnie Copeland
o Eric Riedel
o Kendall College
(kendall.edu)
o NewSchool of
Architecture
(newschoolarch.edu)
o Santa Fe University of
Art and Design
(santafeuniversity.edu)
o Walden University
(waldenu.edu)
• Lincoln Group of Schools or
Lincoln Educational Services
Corporation
(lincolneducationalservices.com)
o Scott Shaw
o J. Barry Morrow
o Brian Meyers
o Ami Bhandari
o Peter Tahinos
o Lincoln Tech
(lincolntech.edu)
§ Lincoln Technical
Institute
§ Lincoln College of
Technology
§ Euphoria Institute
o Lincoln College of New
England
(lincolncollegene.edu)
• Linden Education Partners or
Boutique Universities
Consortium
(lindeneducationpartners.com)
o Oksana Malysheva
o Josef Merrill
o Rosanna DePinto
o United States University
(usuniversity.edu)
o University of the Potomac
(potomac.edu)
o Brookline College
(brooklinecollege.edu)

 Case 1:18-cv-02582 Document 1 Filed 11/09/18 Page 12 of 19

Category A – Agency Officials

12

Category B – Outside Entities
• Premier Education Group
(premiereducationgroup.com)
o Gary Camp
o Nick Hastain
o American College for
Medical Careers
(acmc.edu)
o Branford Hall Career
Institute
(branfordhall.edu)
o Harris Casel University
(harriscasel.com)
o Harris School of Business
(harrisschool.edu)
o Salter College
(saltercollege.com)
o Salter School
(salterschool.com)
o Salter School of Nursing
(salternursing.com)
o Seacoast Career Schools
(seacoastcareerschools.ed
u)
• Quad Partners
(quadpartners.com)
o Lincoln Frank
o Daniel Neuwirth
o Russell Dritz
o James Tieng
o Connor O’Keefe
o Lauren Klein
o Linda Diaz
o Basil Katsamakis
o Malcolm Youngren
o William Bernard
o Beckfield College
(beckfield.edu)
o Blue Cliff College
(bluecliffcollege.com)
o Dorsey (dorsey.edu)
o Endeavor Schools
(endeavorschools.com)
• Strayer Education Inc.
(strayereducation.com)
o Robert Silberman

 Case 1:18-cv-02582 Document 1 Filed 11/09/18 Page 13 of 19

Category A – Agency Officials

Category B – Outside Entities
o Karl McDonnell
o Daniel Jackson
o Strayer University
(strayer.edu)
• Universal Technical Institute
(uit.edu)
o Kimberly (Kim) Waters
o Bryce Peterson
o Chad Freed
o Sherrell Smith
o Piper Jameson
o Rhonda Turner
• Zenith Education Group
(zenith.org)
o Peter Taylor
o Mary Ostrye
o Todd Allard
o Jim Gilbertson
o Karen Turner
o Altierus (altierus.org)
o Wyotech (wyotech.edu)
o Everest
(everestonline.edu)
• Vatterott College (vatterott.edu)

For both requests, the search should include individuals and entities in
Category B both as keyword search terms and as entries in the
to/from/cc/bcc fields of emails or calendar entries/invitations.
Please provide all responsive records from January 20, 2017, to the date the
search is conducted.
19.

Education assigned the request tracking number 18-01734-F.

20.

American Oversight has received no further communication from Education

regarding the processing of its FOIA request.
Lobbying Communications Request
21.

On April 27, 2018, American Oversight submitted a FOIA request to Education,

seeking the following records:

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1) All communications related to the borrower defense rule between any of the
individuals listed in Category A below and any individual or representative
of an entity listed in Category B below.
2) All calendar entries related to the borrower defense rule for any of the
individuals listed in Category A below, if they also include any individual
or representative of an entity listed in Category B below as an invitee
or attendee:
Category A – Agency Officials
• Secretary DeVos
• The Deputy Secretary
• The Under Secretary
• The Assistant Secretary for
Postsecondary Education
• The Deputy Assistant Secretary
for Higher Education Programs
• The Deputy Assistant Secretary
for Policy, Planning, and
Innovation
• The Assistant Secretary for
Career, Technical, and Adult
Education
• The General Counsel
• The Deputy General Counsel
for Postsecondary Service
• Any other political appointee or
SES employee in the Office of
the Secretary, the Deputy
Secretary, the Under Secretary,
the Office of the Assistant
Secretary for Postsecondary
Education, the Office of Higher
Education Programs, the Office
of Policy, Planning, and
Innovation, the Office
of Career, Technical,
and Adult Education, or the
Office of the General Counsel
• Anyone acting on behalf of any
of the individuals listed
above, such as administrative
assistants or chiefs of staff

14

Category B – Outside Groups
• Career Education Colleges and
Universities (career.org)
• Steve Gunderson
• Dentons US (dentons.com)
• MoeVela LLC (moevela.com)
• Thompson Coburn LLP
(thompsoncorburn.com)
• Brownstein Hyatt Farber
Schreck LLP (bhfs.com)
• Crossroads Strategies
(crshq.com)
• Penn Hill Group
(pennhillgroup.com)
• Subject Matter
(teamsubjectmatter.com)
• Signal Group
(signalgroupdc.com)
• Podesta Group (Podesta.com)
• Henry Bonilla
• Center for Excellence in Higher
Education (cehe.org)
• Carl Barney
• Eric Juhlin
• Barnes Thornburg (btlaw.com)
• Mercury (mercuryllc.com)
• Heritage Foundation
(heritage.org)
• Heritage Action for America
(heritageaction.com)
• U.S. Chamber of Commerce
(uschamber.org)
• American Enterprise Institute
(aei.org)
• American Action Network
(americanactionnetwork.org)

 Case 1:18-cv-02582 Document 1 Filed 11/09/18 Page 15 of 19

Category A – Agency Officials

Category B – Outside Groups
• Hoover Institution (hoover.org)
• Cato Institute (cato.org)
• American Legislative Exchange
Council (ALEC) (alec.org)

For both requests, the search should include individuals and entities in
Category B both as keyword search terms and as entries in the
to/from/cc/bcc fields of emails or calendar entries/invitations.
Please provide all responsive records from January 20, 2017, to the date the
search is conducted.
22.

Education assigned the request tracking number 18-01737-F.

23.

American Oversight has received no further communication from Education

regarding the processing of its FOIA request.
Financial Responsibility Subcommittee Request
24.

On April 27, 2018, American Oversight submitted a FOIA request to Education,

seeking the following records:
1) All materials prepared for Financial Responsibility Subcommittee
meetings, including all documents circulated to subcommittee members in
advance of or at subcommittee meetings.
2) All records reflecting agendas, attendees, minutes, or notes related to any
Financial Responsibility Subcommittee meeting.
3) All records reflecting other communications (including emails, email
attachments, text messages, messages on messaging platforms (such as
Slack, GChat or Google Hangouts, Lync, Skype, or WhatsApp), telephone
call logs, calendar entries/invitations, talking points, any handwritten or
electronic notes taken during any oral communications, summaries of any
oral communications, or other materials) between John Kolotos or any other
employee of the Department of Education and any member of the Financial
Responsibility Subcommittee, namely:
• John Palmucci
• Jonathan Tarnow
• Julianne Malveaux
• Dale Larson
• Dawnelle Robinson
• Susan Menditto
15

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•
•

Ronald Salluzzo
Jeffrey Mechanick

4) All records of nominations received for membership in the Financial
Responsibility Subcommittee.
5) All records reflecting communications including emails, email attachments,
text messages, messages on messaging platforms (such as Slack, GChat or
Google Hangouts, Lync, Skype, or WhatsApp), telephone call logs,
calendar entries/invitations, talking points, any handwritten or electronic
notes taken during any oral communications, summaries of any oral
communications, or other materials) regarding the nomination of any person
for membership on the Financial Responsibility Subcommittee between any
official at the Department of Education and any person not using a .gov
email address.
6) All records reflecting guidance provided to members of the Financial
Responsibility Subcommittee regarding the creation or preservation of
federal records.
Please provide all responsive records from August 30, 2017, to the date the
search is conducted.
25.

Education assigned the request tracking number 18-01739-F.

26.

American Oversight has received no further communication from Education

regarding the processing of its FOIA request.
Exhaustion of Administrative Remedies
27.

As of the date of this Complaint, Defendant has failed to (a) notify American

Oversight of a final determination regarding its FOIA requests, including the full scope of any
responsive records Defendant intends to produce or withhold and the reasons for any
withholdings; or (b) produce the requested records or demonstrate that the requested records are
lawfully exempt from production.
28.

Through Defendant’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.

16

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COUNT I
Violation of FOIA, 5 U.S.C. § 552
Failure to Conduct Adequate Search for Responsive Records
29.

American Oversight repeats the allegations in the foregoing paragraphs and

incorporates them as though fully set forth herein.
30.

American Oversight properly requested records within the possession, custody,

and control of Defendant.
31.

Defendant is an agency subject to FOIA and must therefore make reasonable

efforts to search for requested records.
32.

Defendant has failed to promptly review agency records for the purpose of

locating those records that are responsive to American Oversight’s requests.
33.

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

34.

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 Responsive Records
35.

American Oversight repeats the allegations in the foregoing paragraphs and

incorporates them as though fully set forth herein.
36.

American Oversight properly requested records within the possession, custody,

and control of Defendant.

17

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37.

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

FOIA requests any non-exempt records and provide a lawful reason for withholding any
materials.
38.

Defendant is wrongfully withholding non-exempt agency records requested by

American Oversight by failing to produce non-exempt records responsive to its FOIA requests.
39.

Defendant is wrongfully withholding non-exempt agency records requested by

American Oversight by failing to segregate exempt information in otherwise non-exempt records
responsive to American Oversight’s FOIA requests.
40.

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

41.

Plaintiff American Oversight is therefore entitled to injunctive and declaratory

relief requiring Defendant 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 or searches reasonably calculated to uncover all
records responsive to American Oversight’s FOIA requests;
(2) Order Defendant to produce, within twenty days of the Court’s order, or by such other
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;

18

 Case 1:18-cv-02582 Document 1 Filed 11/09/18 Page 19 of 19

(4) Award American Oversight the costs of this proceeding, including reasonable
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: November 9, 2018

Respectfully submitted,
/s/ Hart W. Wood
Hart W. Wood
D.C. Bar No. 1034361
Elizabeth France
D.C. Bar No. 999851
John E. Bies
D.C. Bar No. 483730
AMERICAN OVERSIGHT
1030 15th Street NW, B255
Washington, DC 20005
(202) 873-1743
hart.wood@americanoversight.org
beth.france@americanoversight.org
john.bies@americanoversight.org
Counsel for Plaintiff

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