Case 1:15-cv-02627-JG-RLM Document 9 Filed 07/01/15 Page 1 of 15 PageID #: 46

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF NEW YORK
____________________________________
LOUIS FLORES,
)
)
Plaintiff,
)
)
v.
)
)
UNITED STATES DEPARTMENT OF
)
JUSTICE,
)
)
Defendant.
)
___________________________________ )

CIVIL ACTION NO. 15-CV-2627

(Gleeson, J.)
(Mann, M.J.)
ANSWER

Defendant UNITED STATES DEPARTMENT OF JUSTICE (DOJ or Defendant),

by its undersigned counsel, KELLY T. CURRIE, Acting United States Attorney for the Eastern
District of New York, RUKHSANAH L. SINGH, Assistant United States Attorney, hereby
responds to the correspondingly numbered paragraphs of the Complaint for Injunctive Relief
(Complaint) of Plaintiff Louis Flores (Plaintiff) (Docket No. 1) upon information and belief
as follows:
In Answer to the Section Titled Introduction
1.

Paragraph 1 of the Complaint contains statements of law to which no response is

required. To the extent that paragraph 1 of the Complaint is deemed to contain allegations to
which a response is required, Defendant denies knowledge or information sufficient to form a
response to each and every allegation made in paragraph 1 of the Complaint.
2.

Paragraph 2 of the Complaint contains Plaintiffs characterizations of legal

arguments to which no response is required. To the extent that paragraph 2 of the Complaint is
deemed to contain allegations to which a response is required, Defendant denies each and every
such allegation, except to admit only that a memorandum dated January 21, 2009 is recorded at
74 Fed. Reg. 4683 and available at the website citation referenced in paragraph 2 of the

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Complaint and that the quoted language in paragraph 2 of the Complaint appears in that
memorandum.
3.

Paragraph 3 of the Complaint contains Plaintiffs characterizations of legal

arguments to which no response is required. To the extent that paragraph 3 of the Complaint is
deemed to contain allegations to which a response is required, Defendant denies each and every
such allegation, except to admit only that a memorandum dated March 19, 2009 is available at
the website citation referenced in paragraph 3 of the Complaint and that the quoted language in
paragraph 3 of the Complaint appears in that memorandum.
4.

Defendant denies knowledge or information sufficient to form a response to each

and every allegation made in paragraph 4 of the Complaint, except to admit only that Plaintiff
sent email communications to DOJ personnel staff at the U.S. Attorneys Office (USAO) for
the District of Columbia, including emails dated March 27, 2013 and April 30, 2013 to Angela
George, and that on April 17, 2013, William Miller sent an email to Plaintiff, informing Plaintiff
that a FOIA request for records from a U.S. Attorneys Office should be sent to the Department
of Justices Executive Office for United States Attorneys (EOUSA).

Defendant denies

knowledge or information sufficient to form a response to the allegations regarding an individual

not a party to this action, except to aver only that the websites referenced in paragraph 4 of the
Complaint contain references to individuals not parties to this action.
5.

Defendant denies knowledge or information sufficient to form a response to each

and every allegation made in paragraph 5 of the Complaint, except to admit only that, upon
information and belief, Plaintiff contacted the EOUSA, a subcomponent of DOJ, at least once by
way of a telephone call with Sanjay Sola.

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6.

Defendant denies knowledge or information sufficient to form a response as to

each and every allegation made in paragraph 6 of the Complaint, except to admit only that the
Office of Information Policy (OIP) received a letter dated December 6, 2013 from the law firm
of Willkie Farr & Gallagher LLP regarding Appeal of Constructive Denial of Freedom of
Information Act Request.
7.

Defendant denies knowledge or information sufficient to form a response as to

each and every allegation made in paragraph 7 of the Complaint, except to admit only that the
OIP responded on May 20, 2014 to communications from Willkie Farr & Gallagher LLP
involving a FOIA request made by Plaintiff.
8.

Defendant admits the allegations made in paragraph 8 of the Complaint.

9.

Paragraph 9 of the Complaint contains Plaintiffs characterizations of legal

arguments to which no response is required. To the extent that paragraph 9 of the Complaint is
deemed to contain allegations to which a response is required, Defendant denies each and every
such allegation and further denies knowledge or information sufficient to form a response as to
the allegations involving non-party websites referenced in paragraph 9 of the Complaint.
10.

Paragraph 10 of the Complaint contains Plaintiffs characterizations of legal

arguments to which no response is required. To the extent that paragraph 10 of the Complaint is
deemed to contain allegations to which a response is required, Defendant denies each and every
such allegation.
11.

Paragraph 11 of the Complaint constitutes Plaintiffs prayer for relief to which no

response is required. To the extent that paragraph 11 of the Complaint is deemed to contain
allegations to which a response is required, Defendant denies each and every such allegation.

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In Answer to the Section Titled Jurisdiction and Venue

12.

Paragraph 12 of the Complaint contains Plaintiffs legal conclusions regarding

jurisdiction and conclusions of law to which no response is required. To the extent paragraph 12
of the Complaint is deemed to contain allegations to which a response is required, Defendant
denies each and every such allegation.
13.

Paragraph 13 of the Complaint contains Plaintiffs legal conclusions regarding

venue to which no response is required. To the extent paragraph 13 of the Complaint is deemed
to contain allegations to which a response is required, Defendant denies each and every such
allegation, except to admit only that venue is proper in this judicial district.
In Answer to the Section Titled Parties
14.

Defendant denies knowledge or information sufficient to form a response to each

and every allegation made in paragraph 14 of the Complaint.

15.

Defendant denies each and every allegation made in paragraph 15 of the

Complaint, except to admit only that DOJ is an agency of the United States Government with its
headquarters in Washington, DC.
16.

Defendant denies each and every allegation made in paragraph 16 of the

Complaint, except to admit only that, upon information and belief, EOUSA and the OIP are
subcomponents of DOJ, that the USAO for the District of Columbia is one of 94 districts, that
the quoted language in paragraph 16 of the Complaint appears on the webpages cited in that
paragraph, and that on April 17, 2013, William Miller sent an email to Plaintiff that included the
language quoted by Plaintiff in the fourth sentence of paragraph 16 of the Complaint.

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In Answer to the Section Titled Factual Background, The Governments

Prosecution of Activists
17.

Paragraph 17 of the Complaint contains Plaintiffs characterizations of alleged

activities unrelated to this action and legal arguments to which no response is required. To the
extent that paragraph 17 of the Complaint is deemed to contain allegations to which a response is
required, Defendant denies each and every such allegation.
18.

Paragraph 18 of the Complaint contains Plaintiffs characterizations of arguments

to which no response is required. To the extent that paragraph 18 of the Complaint is deemed to
contain allegations to which a response is required, Defendant denies each and every such
allegation and further denies knowledge or information sufficient to form a response as to the
allegations involving non-party websites referenced in paragraph 18 of the Complaint.
19.

Paragraph 19 of the Complaint contains Plaintiffs characterizations of arguments

to which no response is required. To the extent that paragraph 19 of the Complaint is deemed to
contain allegations to which a response is required, Defendant denies each and every such
allegation and further denies knowledge or information sufficient to form a response as to the
allegations involving the non-party website referenced in paragraph 19 of the Complaint.
20.

Paragraph 20 of the Complaint contains Plaintiffs characterizations of arguments

to which no response is required. To the extent that paragraph 20 of the Complaint is deemed to
contain allegations to which a response is required, Defendant denies each and every such
allegation and further denies knowledge or information sufficient to form a response as to the
allegations involving the non-party website referenced in paragraph 20 of the Complaint.
21.

Paragraph 21 of the Complaint contains Plaintiffs characterizations of alleged

activities of individuals and events that are unrelated to the instant action and presents arguments
to which no response is required. To the extent that paragraph 21 of the Complaint is deemed to
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contain allegations to which a response is required, Defendant denies each and every such
allegation and further denies knowledge or information sufficient to form a response as to the
allegations involving non-party websites referenced in paragraph 21 of the Complaint.
22.

Paragraph 22 of the Complaint contains Plaintiffs characterizations of alleged

activities of individuals and events that are unrelated to the instant action and presents arguments
to which no response is required. To the extent that paragraph 22 of the Complaint is deemed to
contain allegations to which a response is required, Defendant denies each and every such
allegation and further denies knowledge or information sufficient to form a response as to the
allegations involving non-party websites referenced in paragraph 22 of the Complaint.
23.

Paragraph 23 of the Complaint contains Plaintiffs characterizations of alleged

activities of individuals and events that are unrelated to the instant action and presents arguments
to which no response is required. To the extent that paragraph 23 of the Complaint is deemed to
contain allegations to which a response is required, Defendant denies each and every such
allegation and further denies knowledge or information sufficient to form a response as to the
allegations involving non-party websites referenced in paragraph 23 of the Complaint.
24.

Paragraph 24 of the Complaint contains Plaintiffs characterizations of alleged

activities of individuals and events that are unrelated to the instant action and presents arguments
to which no response is required. To the extent that paragraph 24 of the Complaint is deemed to
contain allegations to which a response is required, Defendant denies each and every such
allegation and further denies knowledge or information sufficient to form a response as to the
allegations involving non-party websites referenced in paragraph 24 of the Complaint.

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In Answer to the Section Titled The Governments Pattern and Practice of

Denying FOIA Requests
25.

Paragraph 25 of the Complaint contains Plaintiffs characterizations of alleged

activities of individuals and events that are unrelated to the instant action and presents legal
arguments to which no response is required. To the extent that paragraph 25 of the Complaint is
deemed to contain allegations to which a response is required, Defendant denies each and every
such allegation and further denies knowledge or information sufficient to form a response as to
the allegations involving non-party websites referenced in paragraph 25 of the Complaint.
26.

Paragraph 26 of the Complaint contains Plaintiffs characterizations of alleged

activities of individuals and events that are unrelated to the instant action and presents legal
arguments to which no response is required. To the extent that paragraph 26 of the Complaint is
deemed to contain allegations to which a response is required, Defendant denies each and every
such allegation and further denies knowledge or information sufficient to form a response as to
the allegations involving non-party websites referenced in paragraph 26 of the Complaint.
27.

Paragraph 27 of the Complaint contains Plaintiffs characterizations of alleged

activities of individuals and events that are unrelated to the instant action and presents legal
arguments to which no response is required. To the extent that paragraph 27 of the Complaint is
deemed to contain allegations to which a response is required, Defendant denies each and every
such allegation, except to admit only that Defendant has not yet released any records that are
responsive to Plaintiffs FOIA request at issue in this action and has not yet provided an
explanation to Plaintiff.
28.

Paragraph 28 of the Complaint contains Plaintiffs characterizations of press

coverage of alleged activities of individuals and events that are unrelated to the instant action and
presents legal arguments to which no response is required. To the extent that paragraph 28 of the
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Complaint is deemed to contain allegations to which a response is required, Defendant denies

each and every such allegation and further denies knowledge or information sufficient to form a
response as to the allegations involving non-party websites referenced in paragraph 28 of the
Complaint.
In Answer to the Section Titled The E-Mail Request
29.

Defendant denies knowledge or information sufficient to form a response to each

and every allegation made in paragraph 29 of the Complaint, except to admit only that Plaintiff
sent an email dated April 30, 2013 to William Miller, with copy to Angela George, that attached
a courtesy copy of a FOIA request to EOUSA and that, on March 27, 2013, Plaintiff sent an
email to Angela George, asking for certain information so that Plaintiff may update his blog post
with information regarding the case against Lt. Daniel Choi.
30.

Defendant denies knowledge or information sufficient to form a response to each

and every allegation made in paragraph 30 of the Complaint, except to admit only that Plaintiff
copied on his emails dated March 27, 2013 and April 30, 2013 other individuals, including those
at the USAO for the District of Columbia as well as non-parties to this action.
31.

Defendant denies knowledge or information sufficient to form a response to each

and every allegation made in paragraph 31 of the Complaint, except to admit only that Plaintiff
sent an email dated April 10, 2013 to Angela George.
32.

Defendant denies knowledge or information sufficient to form a response to each

and every allegation made in paragraph 32 of the Complaint, except to admit only that Plaintiff
sent an email dated April 16, 2013 to an ASKDOJ email account.
33.

Defendant denies knowledge or information sufficient to form a response to each

and every allegation made in paragraph 33 of the Complaint, except to admit only that William

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Miller sent an email dated April 17, 2013 to Plaintiff, informing Plaintiff that a FOIA request for
records from a USAO should be sent to EOUSA.
In Answer to the Section Titled The FOIA Request
34.

Defendant denies knowledge or information sufficient to form a response to each

and every allegation made in paragraph 34 of the Complaint, except to aver only that a log
maintained by EOUSA indicates that EOUSA received a request from Plaintiff; however, despite
searching its records, Defendant has been unable to find a copy of Plaintiffs FOIA request in its
files.
35.

Because Defendant could not locate Plaintiffs FOIA request in its files,

Defendant denies knowledge or information sufficient to form a response to each and every
allegation made in paragraph 35 of the Complaint.
36.

Because Defendant could not locate Plaintiffs FOIA request in its files,

Defendant denies knowledge or information sufficient to form a response to each and every
allegation made in paragraph 36 of the Complaint.
37.

Because Defendant could not locate Plaintiffs FOIA request in its files,

Defendant denies knowledge or information sufficient to form a response to each and every
allegation made in paragraph 37 of the Complaint.
38.

Because Defendant could not locate Plaintiffs FOIA request in its files,

Defendant denies knowledge or information sufficient to form a response to each and every
allegation made in paragraph 38 of the Complaint.
In Answer to the Section Titled The U.S. Attorneys Offices Response to the EMail Request
39.

Defendant denies each and every allegation made in paragraph 39 of the

Complaint, except to admit only that William Miller sent an email dated April 17, 2013 to
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Plaintiff, informing Plaintiff that a FOIA request for records from a USAO should be sent to
EOUSA.
40.

Paragraph 40 of the Complaint contains Plaintiffs legal conclusions to which no

response is required. To the extent that paragraph 40 of the Complaint is deemed to contain
allegations to which a response is required, Defendant denies each and every such allegation.
41.

Defendant denies each and every allegation made in paragraph 41 of the

Complaint, except to admit only that the USAO has not released any records to Plaintiff in
response to a FOIA request dated April 30, 2013.
42.

Paragraph 42 of the Complaint contains Plaintiffs legal conclusions as to the

nature of his claim to which no response is required. To the extent that paragraph 42 of the
Complaint is deemed to contain allegations to which a response is required, Defendant denies
each and every such allegation.
43.

Defendant admits the allegations made in paragraph 43 of the Complaint.

In Answer to the Section Titled The Executive Office for the United States
Attorneys

44.

Defendant denies knowledge or information sufficient to form a response to each

and every allegation made in paragraph 44 of the Complaint, except to admit only that, upon
information and belief, Plaintiff has contacted EOUSA at least once by way of a telephone call
with Sanjay Sola.
45.

Defendant denies knowledge or information sufficient to form a response to each

and every allegation made in paragraph 45 of the Complaint.

46.

Defendant denies knowledge or information sufficient to form a response to each

and every allegation made in paragraph 46 of the Complaint.

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47.

Defendant denies knowledge or information sufficient to form a response to each

and every allegation made in paragraph 47 of the Complaint.

48.

Defendant denies knowledge or information sufficient to form a response to each

and every allegation made in paragraph 48 of the Complaint.

49.

Defendant denies knowledge or information sufficient to form a response to each

and every allegation made in paragraph 49 of the Complaint.

50.

Defendant admits the allegations made in paragraph 50 of the Complaint.

In Answer to the Section Titled The Office of Information Policy

51.

Defendant denies knowledge or information sufficient to form a response to each

and every allegation made in paragraph 51 of the Complaint, except only to admit that the law
firm of Willkie Farr & Gallagher LLP sent a letter dated December 6, 2013 to the OIP and that
that the quoted language in paragraph 51 of the Complaint appears in that December 6, 2013
letter.
52.

Defendant admits the allegations made in paragraph 52 of the Complaint and

further avers that the May 20, 2014 letter from OIP states that OIP remanded the administrative
appeal because the EOUSA could not locate Plaintiffs FOIA request.
53.

Defendant admits the allegations made in paragraph 53 of the Complaint and

avers that OIP is not the proper DOJ component to release a response to Plaintiffs FOIA
request.
In Answer to the Section Titled The Department of Justice
54.

Defendant denies knowledge or information sufficient to form a response to each

and every allegation made in paragraph 54 of the Complaint.

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55.

Defendant denies knowledge or information sufficient to form a response to each

and every allegation made in paragraph 55 of the Complaint.

56.

Defendant denies knowledge or information sufficient to form a response to each

and every allegation made in paragraph 56 of the Complaint.

57.

Defendant admits the allegations made in paragraph 57 of the Complaint.

58.

Paragraph 58 of the Complaint contains Plaintiffs characterizations of legal

arguments to which no response is required. To the extent that paragraph 58 of the Complaint is
deemed to contain allegations to which a response is required, Defendant denies each and every
such allegation.
59.

Defendant denies knowledge or information sufficient to form a response to each

and every allegation made in paragraph 59 of the Complaint.

60.

Paragraph 60 of the Complaint contains Plaintiffs characterizations of alleged

activities of individuals and events that are unrelated to the instant action and presents arguments
to which no response is required. To the extent that paragraph 60 of the Complaint is deemed to
contain allegations to which a response is required, Defendant denies knowledge and information
sufficient to form a response to each and every such allegation.
61.

Paragraph 61 of the Complaint contains Plaintiffs characterizations of legal

arguments to which no response is required. To the extent that paragraph 61 of the Complaint is
deemed to contain allegations to which a response is required, Defendant denies each and every
such allegation, except to admit only that Defendant has not yet responded to Plaintiffs FOIA
request.

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In Answer to the Section Titled Causes of Action

62.

Defendant denies each and every allegation made in paragraph 62 of the

Complaint.
63.

Defendant denies each and every allegation made in paragraph 63 of the

Complaint.
64.

Defendant denies each and every allegation made in paragraph 64 of the

Complaint.
65.

Defendant denies each and every allegation made in paragraph 65 of the

Complaint.
66.

Defendant denies each and every allegation made in paragraph 66 of the

Complaint.
67.

Defendant denies each and every allegation made in paragraph 67 of the

Complaint.
68.

Defendant denies each and every allegation made in paragraph 68 of the

Complaint.
In Answer to the Section Titled Requested Relief
69.

The unnumbered WHEREFORE paragraph merely constitutes Plaintiffs prayer

for relief to which no response is required. To the extent that this paragraph may be deemed to
contain factual allegations to which a response may be required, they are denied.

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DEFENSES
FIRST DEFENSE
Plaintiff is not entitled to compel the production of responsive records protected from
disclosure by one or more of the exemptions or exclusions to the Freedom of Information Act
(FOIA), 5 U.S.C. 552, or the Privacy Act (PA), 5 U.S.C. 552a.
SECOND DEFENSE
As to some or all of the claims asserted in this action, Plaintiff has failed to state a claim
upon which relief may be granted under FOIA.
THIRD DEFENSE
Any relief is limited to that provided for under 5 U.S.C. 552(a)(4)(B).
FOURTH DEFENSE
This Court lacks subject matter jurisdiction to the extent Plaintiff has failed to allege that
there is an improper withholding of agency records.
FIFTH DEFENSE
To the extent Plaintiff did not correctly submit his FOIA request to EOUSA, Plaintiff has
failed to exhaust his administrative remedies.
SIXTH DEFENSE
Plaintiff is not entitled to attorneys fees or costs.

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WHEREFORE, Defendant respectfully requests that the Court grant a stay of this
proceeding to allow Defendant sufficient time to complete a search, and if responsive records are
found, review and process the records, applying applicable exemptions thereto wherever
appropriate. Defendant further demands judgment dismissing Plaintiffs Complaint, and for any
such further and other relief as this Court may deem just and proper.

Dated: Brooklyn, New York

July 1, 2015
Respectfully submitted,
KELLY T. CURRIE
Acting United States Attorney
Eastern District of New York
271 Cadman Plaza East
Brooklyn, New York 11201
By:

To:

s/Rukhsanah L. Singh
RUKHSANAH L. SINGH
Assistant United States Attorney
(718) 254-6498

[via CM/ECF and certified first-class mail]

Louis Flores
34-21 77th Street, Apt. #406
Jackson Heights, New York 11372
Plaintiff, Pro se

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