Free Answer to Amended Complaint - District Court of California - California

Case 3:08-cv-00863-JM-AJB

Document 10

Filed 07/22/2008

Page 1 of 4

1 2 3 4 5 6 7 8

KAREN P. HEWITT United States Attorney MEGAN CALLAN Assistant U.S. Attorney California Bar No. 230329 U.S. Attorney's Office 880 Front Street, Room 6293 San Diego, CA 92101-8893 Telephone: (619) 557-7120 Facsimile: (619) 557-5004 E-mail: [email protected] Attorneys for Defendant U.S. Department of Labor UNITED STATES DISTRICT COURT

9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 COMES NOW the Defendant U.S. Department of Labor, by and through its counsel, Karen P. Hewitt, United States Attorney, and Megan Callan, Assistant United States Attorney, and in answer to the Plaintiff's First Amended Complaint ("FAC"), sets forth the following: 1. Answering Paragraph 1 of the FAC, Defendant states that the allegations contained therein are legal conclusions solely within the purview of the Court and for its determination, and no answer is therefore required. To the extent an answer is required, said allegations are denied. 2. Answering Paragraph 2 of the FAC, Defendant states that the allegations contained therein are legal conclusions solely within the purview of the Court and for its determination, and no answer is therefore required. To the extent an answer is required, said allegations are denied. // DOSTART CLAPP GORDON &) COVENEY, LLP, a limited liability) partnership, ) ) Plaintiff, ) ) v. ) ) UNITED STATES DEPARTMENT OF) LABOR, ) ) Defendant. ) ___________________________________ ) Civil No. 08cv0863-JM (AJB) DEFENDANT'S ANSWER TO FIRST AMENDED COMPLAINT

Case 3:08-cv-00863-JM-AJB

Document 10

Filed 07/22/2008

Page 2 of 4

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

3. Answering Paragraph 3 of the FAC, Defendant states that it lacks sufficient information to form a belief as to the truth of the allegations, and on that basis Defendant denies the allegations therein. 4. Answering Paragraph 4 of the FAC, with respect to the first sentence, Defendant admits the allegations therein. With respect to the second sentence, Defendant states that the allegations contained therein are legal conclusions solely within the purview of the Court and for its determination, and no answer is therefore required. To the extent an answer is required, said allegations are denied. 5. Answering Paragraph 5 of the FAC, Defendant admits the allegations contained therein. 6. Answering Paragraph 6 of the FAC, Defendant admits that Defendant received from Plaintiff a Freedom of Information Act ("FOIA") request, dated November 29, 2006. Answering further, Defendant states that a true and correct copy of the FOIA request is attached hereto as Exhibit A. In all other respects, Defendant denies the allegations therein. 7. Answering Paragraph 7 of the FAC, Defendant states that Plaintiff's FOIA request, attached to the FAC and this Answer as Exhibit A, speaks for itself. In all other respects, Defendant denies the allegations therein. 8. Answering Paragraph 8 of the FAC, with respect to the first sentence, Defendant states that the allegations contained therein are legal conclusions solely within the purview of the Court and for its determination, and no answer is therefore required. To the extent an answer is required, said allegations are denied. With respect to the second sentence, Defendant admits the allegations therein. 9. Answering Paragraph 9 of the FAC, Defendant states that the allegations contained therein are legal conclusions solely within the purview of the Court and for its determination, and no answer is therefore required. To the extent an answer is required, said allegations are denied. Answering further, Defendant admits that Defendant did not give Plaintiff written notice of a need for an extension and that more than 10 working days have elapsed since Defendant's response was originally due. 10. Answering Paragraph 10 of the FAC, Defendant states that the allegations contained therein are legal conclusions solely within the purview of the Court and for its determination, and no answer is therefore required. To the extent an answer is required, said allegations are denied. 11. Answering Paragraph 11 of the FAC, with respect to the introductory clause, Defendant states that it lacks sufficient information to form a belief as to the truth of the allegations, and on that 2

Answer to First Amended Complaint

08cv0863

Case 3:08-cv-00863-JM-AJB

Document 10

Filed 07/22/2008

Page 3 of 4

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

basis Defendant denies the allegations therein. With respect to subparagraphs (a)-(c), Defendant states that Mr. Sinkovic, in his capacity as FOIA Coordinator for DOL's Employment and Standards Administration, provides information to requesters regarding the receipt and status of their FOIA requests. In all other respects, Defendant states that it lacks sufficient information to form a belief as to the truth of the allegations, and on that basis Defendant denies the allegations therein. With respect to subparagraph (d), Defendant admits the allegations therein with the exception of the content of Ms. Bingham's statement to Plaintiff. Answering further, Defendant denies that Ms. Bingham said that Plaintiff's FOIA request "was on the desk of the Clearance Department waiting for approval" and would be sent out promptly. Answering further, Defendant admits that Ms. Bingham indicated that the response to Plaintiff's FOIA request should be sent out soon. In all other respects, Defendant denies the allegations therein. With respect to subparagraphs (e)-(f), Defendant admits the allegations therein. 12. Answering Paragraph 12 of the FAC, Defendant admits that it received Plaintiff's FOIA request on November 29, 2006, and that more than seventeen months have passed since that date. In all further respects, Defendant states that the allegations contained therein are legal conclusions solely within the purview of the Court and for its determination, and no answer is therefore required. To the extent an answer is required, said allegations are denied. 13. Answering Paragraph 13 of the FAC, Defendant states that the allegations contained therein are legal conclusions solely within the purview of the Court and for its determination, and no answer is therefore required. To the extent an answer is required, said allegations are denied. 14. Answering Paragraph 14 of the Complaint, Defendant states that the allegations contained therein are legal conclusions solely within the purview of the Court and for its determination, and no answer is therefore required. To the extent an answer is required, said allegations are denied. The remaining allegations of the FAC contain Plaintiff's Prayer for Relief, to which no answer is required; however to the extent an answer is required, Defendant denies the allegations therein. // // // 3

Answer to First Amended Complaint

08cv0863

Case 3:08-cv-00863-JM-AJB

Document 10

Filed 07/22/2008

Page 4 of 4

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

ADDITIONAL AND AFFIRMATIVE DEFENSES All allegations not here before specifically admitted, denied, or modified are hereby denied. For further and separate answer, Defendant United States Department of Labor alleges as follows: 1. The Court lacks jurisdiction over the subject matter of this action. 2. Plaintiff's FAC fails to state a claim upon which relief may be granted. 3. Defendant properly withheld documents of which Plaintiff's Complaint seeks production under FOIA, 5 U.S.C. §§ 552(b). 4. Plaintiff is not entitle to attorney fees or costs incurred in this action. Wherefore, Defendant prays that Plaintiff take nothing by its First Amended Complaint, that judgment be rendered in favor of Defendant, for costs of suit included herein, and for all other relief that the Court deems proper. Dated: July 22, 2008 Respectfully submitted, KAREN P. HEWITT United States Attorney s/ Megan Callan MEGAN CALLAN Assistant U.S. Attorney Attorneys for Defendant U.S. Department of Labor Email: [email protected]

Answer to First Amended Complaint

4

08cv0863