Answer to Complaint by Department of JUSTICE.(Duffey, Thomas)
PRELIMINARY STATEMENT1
1This paragraph consists of Plaintiff’s characterization of this action, Plaintiff’s characterization of its FOIA request, and legal conclusions, to which no response is required. To the extent that a response is required, Defendant admits only that Plaintiff brought this action under the FOIA, and denies all other allegations.
2This paragraph consists of a legal conclusion, to which no response is required.
JURISDICTION AND VENUE
3This paragraph consists of legal conclusions regarding jurisdiction, to which no response is required. To the extent that a response is required, Defendant admits only that this Court has jurisdiction subject to the terms, conditions, and limitations of the FOIA. 5 U.S.C. § 552 et seq.
4This paragraph consists of a legal conclusion, to which no response is required.
5This paragraph consists of a legal conclusion regarding venue, to which no response is required. To the extent that a response is required, Defendant admits only that venue is proper in this judicial district for actions brought under the FOIA.
6This paragraph consists of a legal conclusion, to which no response is required.
PARTIES
7Defendant lacks sufficient knowledge or information to form a belief regarding the truth of the allegations contained in this paragraph.
8Defendant admits only that the Department of Justice (“DOJ”) is a federal agency subject to FOIA with a headquarters in Washington, DC.
Defendant replicates the headings contained in the Complaint for ease of reference only. To the extent that a response is deemed required, and to the extent that those headings could be construed as factual allegations, such allegations are denied.
9This paragraph consists of legal conclusions, to which no response is required.
STATEMENT OF FACTS
10This paragraph consists of Plaintiff’s characterization of the cited materials, to which no response is required. To the extent that a response is required, Defendant respectfully refers the Court to the cited materials for a complete and accurate statement of their contents, and denies any allegations in this paragraph inconsistent therewith.
11To the extent the allegations seek to provide background facts in support of allegations of public interest, Defendant admits there may be some public interest in the records sought but presently lacks knowledge or information sufficient to form a belief as to the existence or extent of any public interest, including as compared to any countervailing interests. To the extent the allegations in this paragraph are alleged for other purposes, they do not set forth claims of relief or aver facts in support of a claim, and thus, the Court should strike them as immaterial and impertinent matters pursuant to Rule 12(f).
12To the extent the allegations seek to provide background facts in support of allegations of public interest, Defendant admits there may be some public interest in the records sought but presently lacks knowledge or information sufficient to form a belief as to the existence or extent of any public interest, including as compared to any countervailing interests. To the extent the allegations in this paragraph are alleged for other purposes, they do not set forth claims of relief or aver facts in support of a claim, and thus, the Court should strike them as immaterial and impertinent matters pursuant to Rule 12(f).
13To the extent the allegations seek to provide background facts in support of allegations of public interest, Defendant admits there may be some public interest in the records sought but presently lacks knowledge or information sufficient to form a belief as to the existence or extent of any public interest, including as compared to any countervailing interests. To the extent the allegations in this paragraph are alleged for other purposes, they do not set forth claims of relief or aver facts in support of a claim, and thus, the Court should strike them as immaterial and impertinent matters pursuant to Rule 12(f).
14To the extent the allegations seek to provide background facts in support of allegations of public interest, Defendant admits there may be some public interest in the records sought but presently lacks knowledge or information sufficient to form a belief as to the existence or extent of any public interest, including as compared to any countervailing interests. To the extent the allegations in this paragraph are alleged for other purposes, they do not set forth claims of relief or aver facts in support of a claim, and thus, the Court should strike them as immaterial and impertinent matters pursuant to Rule 12(f).
15To the extent the allegations seek to provide background facts in support of allegations of public interest, Defendant admits there may be some public interest in the records sought but presently lacks knowledge or information sufficient to form a belief as to the existence or extent of any public interest, including as compared to any countervailing interests. To the extent the allegations in this paragraph are alleged for other purposes, they do not set forth claims of relief or aver facts in support of a claim, and thus, the Court should strike them as immaterial and impertinent matters pursuant to Rule 12(f).
16To the extent the allegations seek to provide background facts in support of allegations of public interest, Defendant admits there may be some public interest in the records sought but presently lacks knowledge or information sufficient to form a belief as to the existence or extent of any public interest, including as compared to any countervailing interests. To the extent the allegations in this paragraph are alleged for other purposes, they do not set forth claims of relief or aver facts in support of a claim, and thus, the Court should strike them as immaterial and impertinent matters pursuant to Rule 12(f).
17To the extent the allegations seek to provide background facts in support of allegations of public interest, Defendant admits there may be some public interest in the records sought but presently lacks knowledge or information sufficient to form a belief as to the existence or extent of any public interest, including as compared to any countervailing interests. To the extent the allegations in this paragraph are alleged for other purposes, they do not set forth claims of relief or aver facts in support of a claim, and thus, the Court should strike them as immaterial and impertinent matters pursuant to Rule 12(f).
18To the extent the allegations seek to provide background facts in support of allegations of public interest, Defendant admits there may be some public interest in the records sought but presently lacks knowledge or information sufficient to form a belief as to the existence or extent of any public interest, including as compared to any countervailing interests. To the extent the allegations in this paragraph are alleged for other purposes, they do not set forth claims of relief or aver facts in support of a claim, and thus, the Court should strike them as immaterial and impertinent matters pursuant to Rule 12(f).
19To the extent the allegations seek to provide background facts in support of allegations of public interest, Defendant admits there may be some public interest in the records sought but presently lacks knowledge or information sufficient to form a belief as to the existence or extent of any public interest, including as compared to any countervailing interests. To the extent the allegations in this paragraph are alleged for other purposes, they do not set forth claims of relief or aver facts in support of a claim, and thus, the Court should strike them as immaterial and impertinent matters pursuant to Rule 12(f).
Read the full filing
You’re reading pages 1–5 of 14. Register free to read the complete 14-page transcript on this page.
Register free to continue reading →
These are public U.S. federal court records, available free from PACER and the court. Registration unlocks our full on-page transcript — a convenience service.
advertisement
Public U.S. federal court record (district court docket 73112492, document 9). Source via the RECAP Archive (Free Law Project). The same record is available from PACER. Informational only — not legal advice.