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McKinley v Board of Governors Defendant Answer (Lawsuit #3a)

McKinley v Board of Governors Defendant Answer (Lawsuit #3a)

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Published by Vern McKinley
Board of Governors Answer regarding AIG documents 22 August 2012
Board of Governors Answer regarding AIG documents 22 August 2012

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Published by: Vern McKinley on Aug 26, 2012
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Case 1:12-cv-01175-GK Document 8 Filed 08/22/12 Page 1 of 4

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

VERN McKINLEY, Plaintiff, v.

BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM, Defendant.

) ) ) ) ) ) ) ) ) ) ) ) ) )

Civil Action No. 12-1175 (GK) ECF

ANSWER Defendant Board of Governors of the Federal Reserve System (the “Board”), through its undersigned counsel, hereby answers Plaintiff’s Complaint as follows: FIRST DEFENSE Plaintiff has failed to state a claim upon which relief may be granted. SECOND DEFENSE The information Plaintiff seeks in his FOIA request is subject to exemptions under FOIA. SPECIFIC RESPONSES The allegation in the introductory un-numbered paragraph of the Complaint is a characterization of the Complaint to which no response is required, but insofar as a response is required, Defendant denies the allegations in that paragraph. Defendant responds to the numbered paragraphs of the Complaint as follows:

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Case 1:12-cv-01175-GK Document 8 Filed 08/22/12 Page 2 of 4

1. Paragraph 1 states a legal conclusion to which no response is required. 2. Paragraph 2 states a legal conclusion to which no response is required. 3. The Board lacks knowledge or information sufficient to form a belief about the truth of the allegations of paragraph 3 and, on that basis, denies the allegations in this paragraph, except that the Board admits that the Plaintiff was for a period of time an employee of the Board. 4. The Board admits that it is an agency of the United States government headquartered at the address stated in paragraph 4 and that it has possession, custody and control of some records responsive to Plaintiff’s Freedom of Information Act (“FOIA”) request, described in paragraph 5 below. 5. The Board admits that it received a FOIA request dated May 15, 2012 by facsimile from the Plaintiff (the “May 15, 2012 FOIA request”), respectfully refers the Court to that FOIA request for a true and complete statement of its contents, and otherwise denies the allegations in this paragraph. 6. The Board admits that, by email dated May 18, 2012 to the Plaintiff, Defendant acknowledged receiving the May 15, 2012 FOIA request and assigned the request internal tracking number F-2012-00375. The Board respectfully refers the Court to that acknowledgement email for a true and complete statement of its contents, and otherwise denies the allegations in this paragraph. 7. The Board admits that, by electronic mail dated June 13, 2012 to the Plaintiff, Defendant extended its period for responding to the May 15, 2012 FOIA request until June 27, 2012 in order to consult with two or more components of the Board having a substantial interest in the determination of the Request under section (a)(6)(B)(i) of FOIA. Defendant avers that Plaintiff verified receipt of this extension electronic mail by return email dated June 28, 2012. The Board respectfully refers the Court to that extension email and response for a true and complete statement of their contents, and otherwise denies the allegations in this paragraph.
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Case 1:12-cv-01175-GK Document 8 Filed 08/22/12 Page 3 of 4

8. Paragraph 8 states a legal conclusion to which no response is required. 9. The Board admits that, as of July 18, 2012, the date the Complaint was filed, it had not notified the Plaintiff of a determination on the May 15, 2012 FOIA request. Defendant avers that, by letter to the Plaintiff dated August 21, 2012, it provided the Plaintiff with a complete response to the May 15, 2012 FOIA request. Defendant further avers that all records responsive to that FOIA request are exempt from disclosure under FOIA, and otherwise denies the allegations of this paragraph. 10. Paragraph 10 states a legal conclusion to which no response is required. 11. The Board repeats and realleges its responses to paragraphs 1-10 as if fully set forth herein. 12. The Board denies the allegation of paragraph 12 that it is “unlawfully withholding public records.” The remaining allegations in paragraph 12 state a legal conclusion as to which no response is required. To the extent any response is required, Defendant denies those allegations. 13. The Board denies the allegations of paragraph 13 that it is “unlawful[ly] withholding … the requested public records.” The remaining allegations in paragraph 13 state a legal conclusion as to which no response is required. To the extent any response is required, Defendant denies those allegations. The remainder of Plaintiff’s Complaint consists of its prayer for relief as to which no response is required. To the extent any response is required, the Board denies the allegations set forth in that paragraph. Pursuant to Rule 8(b) of the Federal Rules of Civil Procedure, the Board asserts a general denial as to those allegations contained in the Complaint that are not clearly and specifically admitted herein. Wherefore, having fully answered, the Board respectfully requests that the Court enter judgment in its favor and against Plaintiff, that the Court dismiss the Complaint in its entirety with prejudice, that the Court award the Board its fees, costs, and other expenses, and such
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Case 1:12-cv-01175-GK Document 8 Filed 08/22/12 Page 4 of 4

other and further relief as the Court deems appropriate.

Respectfully submitted, RONALD C. MACHEN JR., DC Bar #447889 United States Attorney DANIEL F. VAN HORN, DC Bar #924092 Acting Chief, Civil Division By: /s/ Mercedeh Momeni MERCEDEH MOMENI Assistant United States Attorney Civil Division 555 4th Street, N.W. Washington, D.C. 20530 Telephone: (202) 307-0821 Mercedeh.Momeni@usdoj.gov

OF COUNSEL: Katherine H. Wheatley Associate General Counsel Yvonne F. Mizusawa Senior Counsel Board of Governors of the Federal Reserve System DATE: August 22, 2012

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