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McKinley v CFTC SEC, Defendant Answer (Lawsuit #5)

McKinley v CFTC SEC, Defendant Answer (Lawsuit #5)

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Published by Vern McKinley
Defendants CFTC and SEC answer to McKinley complaint 25 September 2012
Defendants CFTC and SEC answer to McKinley complaint 25 September 2012

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Published by: Vern McKinley on Sep 25, 2012
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11/29/2012

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UNITED STATES DISTRICT COURTFOR THE DISTRICT OF COLUMBIA
__________________________________________
 
)VERN MCKINLEY, ))Plaintiff, )) No. 12-cv-1176 (RWR)v. ))COMMODITY FUTURES TRADING )COMMISSION, ))and ))SECURITIES AND EXCHANGE )COMMISSION, ))Defendants. )_________________________________________ )
ANSWER OF DEFENDANTS
COMES NOW Defendants, the Commodity Futures Trading Commission (“CFTC”) andthe Securities and Exchange Commission (“SEC”), (collectively “Defendants”), throughundersigned counsel, and hereby submits the following answer to Vern McKinley’s (“Plaintiff”)Complaint:
FIRST DEFENSE
Defendants have conducted adequate searches in response to the subject Freedom of Information Act (“FOIA”) request at issue and properly withheld documents subject toapplicable FOIA exemptions.
SECOND DEFENSE
 The Complaint fails to state a claim upon which relief can be granted.
Case 1:12-cv-01176-RWR Document 7 Filed 09/25/12 Page 1 of 5
 
2
THIRD DEFENSE
 Plaintiff is not entitled to attorney fees.
FOURTH DEFENSE
 Defendants deny each and every allegation of the Complaint not expressly admitted intheir Answer. Defendants respectfully request and reserve the right to amend, alter andsupplement the defenses contained in the Answer as the facts and circumstances giving rise tothe Complaint become known to it through the course of the litigation.In response to the numbered paragraphs of the complaint, Defendant admits, denies orotherwise avers as follows:
COMPLAINT
 
JURISDICTION AND VENUE
1.
The allegations contained in Paragraph 1 constitute conclusions of law to whichno response is required. To the extent these allegations may be deemed allegations of fact,Defendant denies the allegations.
2.
The allegations contained in Paragraph 2 constitute conclusions of law to whichno response is required. To the extent these allegations may be deemed allegations of fact,Defendant denies the allegations.
PARTIES
3. Defendants lack knowledge or information sufficient to form a belief as to thetruth of the allegations in this paragraph of the complaint.4. The allegations in the first sentence of this paragraph of the complaint areadmitted. The allegations in the second sentence of this paragraph of the complaint are admitted
Case 1:12-cv-01176-RWR Document 7 Filed 09/25/12 Page 2 of 5
 
3with the qualification that the CFTC provided Plaintiff with a copy of the records requested inthe FOIA request that is the subject of this litigation that are in the possession, custody, andcontrol of the CFTC by e-mail on September 17, 2012.5. The allegations in the first sentence of this paragraph of the complaint areadmitted. The SEC lacks sufficient knowledge to form a belief as to the truth of the remainingallegations in this paragraph.
STATEMENT OF FACTS
6. The allegations in this paragraph of the complaint are admitted with thequalification that the Financial Stability Oversight Counsel met by conference call.7. The allegations in this paragraph of the complaint are admitted.8. The allegations in this paragraph of the complaint are admitted.9. The allegations in this paragraph of the complaint are admitted.10. The allegations in the first five sentence of this paragraph of the complaint areadmitted. Defendants lack sufficient knowledge to form a belief as to the truth of the remainingallegations in this paragraph.11. The allegations contained in Paragraph 11 constitute conclusions of law to whichno response is required. To the extent these allegations may be deemed allegations of fact,Defendant denies the allegations.12. Defendants deny the first three clauses of paragraph 12. Defendants admit thefinal clause to the extent it refers to circumstances as of the date of the complaint.13. The allegations contained in Paragraph 13 constitute conclusions of law to whichno response is required. To the extent these allegations may be deemed allegations of fact,Defendant denies the allegations.
Case 1:12-cv-01176-RWR Document 7 Filed 09/25/12 Page 3 of 5

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