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MICHAEL S. DANKO (SBN 111359)
mdanko@dankolaw.com
CLAIRE Y. CHOO (SBN 252723)
cchoo@dankolaw.com
DANKO MEREDITH
333 Twin Dolphin Road, Suite 145
Redwood Shores, CA 94065
Telephone: (650) 453-3600
Facsimile: (650) 394-8672

Attorneys for Plaintiffs
LINDA ANDREINI, EDWARD ANDREINI, J R.
And MARIO ANDREINI



UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA



LINDA ANDREINI, EDWARD ANDREINI,
J R. and MARIO ANDREINI, individually
and as successors-in-interest to EDWARD
ANDREINI, Deceased,

Plaintiffs,

vs.

UNITED STATES OF AMERICA AIR
FORCE, and DOES ONE through FIFTY,
inclusive,

Defendants.


Case No.

COMPLAINT FOR INJUNCTIVE RELIEF
(Freedom of Information Act, 5 U.S.C. 552)



INTRODUCTION
1. Edward Andreini was a pilot with over 60 years of flying experience and
performances in nearly 1,000 air shows. He performed at the 2014 Travis Air Force Base Open
House, called Thunder Over Solano in Fairfield, California on May 3, 2014 and May 4, 2014.
2. On May 4, 2014, Edward Andreini was piloting a Boeing E75 Stearman, when
he impacted the runway during an inverted ribbon-cut maneuver. The aircraft slid inverted
on the runway and came to a stop. Mr. Andreini stated that he was trapped in the wreckage and
requested assistance. The aircraft caught on fire. Mr. Andreini died of extensive thermal
injuries as a result of the rescue and firefighting services failure to respond and to extinguish
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the fire and rescue Mr. Andreini from the aircraft in a timely or reasonable manner in
accordance with applicable standards, directives, and orders.
3. Plaintiffs, by and through their counsel, submitted a request for information to
the United States Air Force, 60th Air Mobility Wing at Travis Air Force Base under the
Freedom of Information Act, 5 U.S.C. 552 (FOIA) on May 23, 2014. Over four months
later, plaintiffs have not yet received the requested information as of the date of filing this
complaint.
THE PARTIES
4. Plaintiffs Linda Andreini is the surviving spouse of the decedent Edward
Andreini. She is a resident of Half Moon Bay in the county of San Mateo. Edward Andreini,
J r., and Mario Andreini are the surviving issue of decedent and are also residents of Half Moon
Bay in San Mateo County. Plaintiffs are represented by Danko Meredith, which is located at
333 Twin Dolphin Drive, Suite 145, Redwood Shores, California.
5. Plaintiffs are successors-in-interest to decedent and persons of standing pursuant
to California Code of Civil Procedure Sections 377.30 and 377.60
6. Defendant is the United States, specifically acting through the Air Force 60th
Mobility Wing, located at Travis Air Force Base in Fairfield, California.
JURISDICTION AND VENUE
7. This Court has jurisdiction over this action pursuant to 5 U.S.C. 552(a)(4)(B).
Because this request was made by Danko Meredith, as plaintiffs agent, which maintains a
principal place of business in Redwood Shores, California, venue is also appropriate in this
forum pursuant to 5 U.S.C. 552 (a)(4)(B).
NATURE OF ACTION
8. This action is brought under the Freedom of Information Act, 5 U.S.C. 552
(FOIA), as amended, to enjoin defendant to retrieve, review, and release the documents
which plaintiffs, by and through their counsel, requested from defendant, which are believed to
be within its possession and control.
//
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BACKGROUND
9. On May 23, 2014, plaintiffs, through their counsel, submitted a FOIA request
through the Travis Air Force Base FOIA website (https://www.efoia.af.mil.palMain.aspx).
Plaintiffs sought records pertaining to the crash of decedent Edward Andreinis plane on May
4, 2014 and plans for firefighting and rescue for the Travis Air Force Base Open House that
same weekend. Specifically, plaintiffs requested:
(1) All documents pertaining to Travis Air Force Bases safety plan in
effect on May 3-4, 2014 for the Thunder Over Solano Air Show
including, but not limited to, all rules, regulations and best practices
governing the response of emergency crews.
(2) All contracts between Travis Air Force Base or the Department of
Defense and any entities or individuals performing at the Thunder Over
Solano Air Show held on May 3-4, 2014.
(3) All documents related to the crash of Edward Eddie Andreini on May
3-4, 2014 at the Thunder Over Solano Air Show.
(4) All contracts between Travis Air Force Base or the Department of
Defense related to the performance of emergency services at the
Thunder Over Solano Air Show held on May 3-4, 2014.
(5) All documents related to any plan or protocol in effect during the 2014
Thunder Over Solano Air Show for responding to any aircraft crash or
aircraft fire.
10. Plaintiffs received an email acknowledgement of the request from what appears
to be an automated response and assigned case number 2014-04230-F. (Exhibit A.)
11. On May 28, 2014, plaintiffs received another email acknowledgment of the
FOIA request, from Denise Rodgers, AMC Information Access Officer. She stated that the
request had been placed on the complex track and that plaintiffs would receive a response by
J uly 9, 2014. (Exhibit B.)
12. On May 30, 2014, Sean Sills, Senior Airmen, sent an email and letter attachment
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to plaintiffs, stating that the target date for compliance was J une 24, 2014. (Exhibit C.)
13. On J uly 10, 2014, plaintiffs received an email from Maria L. Morris, Freedom of
Information Act Manager, that an extension of time to comply with the FOIA request response
is necessary and the new target response date was J uly 21, 2014. (Exhibit D.)
14. On J uly 21, 2014, plaintiffs received another email from Maria L. Morris that
given the [e]xtensive volume of document [sic] being reviewed and coordination with
different installation agencies, they are unable to meet their own deadline of J uly 21, 2014.
No new response date was given. (Exhibit E.)
15. On August 6, 2014, plaintiffs contacted Ms. Morris and she stated that she was
about 75% complete in her review of the documents. Ms. Morris informed plaintiffs that she
would try to comply with the FOIA request in two more weeks, and that at worst, it would take
another month.
16. On September 12, 2014, more than one month later, plaintiffs sent an email to
Ms. Morris, again requesting a status update. Plaintiffs requested that video and audio
recordings be sent immediately as they should not require redaction. (Exhibit F.)
17. Ms. Morris responded that she will confer with her headquarters for further
instructions, and that additional volumes of records had been added for review. (Exhibit G.)
18. On September 16, 2014, plaintiffs sent an email requesting confirmation that
some, if not all, of the documents, video recordings and audio recordings will be sent to
plaintiffs by the end of that week. (Exhibit H.)
19. On September 17, 2014, Mr. Bradford Hunt, informed plaintiffs that Travis Air
Force Base will do their best to get a partial release to [plaintiffs] by the end of the week.
(Exhibit I.)
20. The following week, on September 23, 2014, plaintiffs, again, asked for a status
update because plaintiffs had received nothing. (Exhibit J.) Mr. Bradford Hunt responded that
he will follow up with Travis Air Force Base. (Exhibit K.)
21. On September 24, 2014, Ms. Rodgers sent an email and letter attachment, with
an interim response. She stated that a CD with two video recordings were being sent to
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plaintiffs. No response date was given for the remaining documents and audio recordings.
(Exhibit L.)
22. Plaintiffs asked for a target date with respect to the remaining documents and
audio recordings, especially in light of the fact that this request had been submitted more than 4
months ago. (Exhibit M.) Ms. Rodgers stated many offices were tasked to provide
responsive records that have now been provided and must be reviewed for release
determination. (Exhibit N.) Again, no target date was given.
23. Plaintiffs received an email that same day from Lt. Col. Michael R. Suberly,
who stated that even though the mishap (presumably, mishap refers to the death of Mr.
Edward Andreini) took place on May 4, 2014, Travis Air Force Base did not do a report until
August 12, 2014. (Exhibit O.) Lt. Col. Suberly stated that the Air Force was within their
rights to have filed a no records response on the grounds that there was no report before
plaintiffs May 23, 2014 FOIA request, despite the fact that the FOIA request was not limited
to reports generated by Travis Air Force Base. Again, no target date was given.
24. As of the date of the filing of this Complaint, after the statutorily mandated
deadline has passed, defendant has not processed plaintiffs request or indicated a projected
date when plaintiffs request will be processed. Plaintiffs have not received anything in
response to their May 23, 2014 FOIA request, except for two video recordings.
ALLEGATIONS
25. Under FOIA, if the agency encounters unusual circumstances that require an
extended period of time to process the request, the agency must provide the requester with
written notice setting forth the unusual circumstances for such an extension and the date on
which a determination is expected to be dispatched. No such notice shall specify a date that
would result in an extension for more than ten working days. (5. U.S.C. 552(a)(6)(B)(i).)
26. Section 552(a)(6)(C) of the Act states that [a]ny person making a request to any
agency for records . . . shall be deemed to have exhausted his administrative remedies with
respect to such request if the agency fails to comply with the applicable time limit provisions of
this paragraph.
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27. Defendant has failed to provide timely and legally adequate determinations on
plaintiffs FOIA requests.
28. Defendant has filed to abide by statutory and regulatory procedures in
responding to and processing plaintiffs FOIA requests.
29. Plaintiffs have exhausted the administrative remedies provided by the Freedom
of Information Act and agency regulations.
WHEREFORE, plaintiffs pray that this Court:
(1) Order the defendant to immediately process and release the requested
documents, including but not limited to video and audio recordings;
(2) Award plaintiffs their costs and reasonable attorney fees as provided by 5
U.S.C. 552(a)(4)(E);
(3) Order the defendant to waive all fees; and
(4) Grant to plaintiffs any other relief as the interests of justice may require.
Dated: October 1, 2014 Respectfully submitted,
DANKO MEREDITH

By: ________________________
MICHAEL S. DANKO
CLAIRE Y. CHOO
Attorneys for Plaintiffs

DEMAND FOR TRIAL BY JURY
Plaintiffs, LINDA ANDREINI, EDWARD ANDREINI, J R., and MARIO ANDREINI,
individually and as successors-in-interest, by their attorneys, Danko Meredith, hereby demand
trial by jury of all counts triable by a jury in this matter.
Dated: October 1, 2014 Respectfully submitted,
DANKO MEREDITH

By: ________________________
MICHAEL S. DANKO
CLAIRE Y. CHOO
Attorneys for Plaintiffs
/s/ Claire Y. Choo
/s/ Claire Y. Choo
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