Case 1:10-cv-01712-RMC Document 3 Filed 11/05/10 Page 1 of 4

UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLUMBIA

CITIZENS FOR RESPONSIBILITY AND :

ETHICS IN WASHINGTON, :
Plaintiff :
CA No. 1:10-CV-01712 (RMC)
v. :

UNITED STATES DEPARTMENT :

OF EDUCATION, :
Defendants.

ANSWER

The Defendant respectfully submits this answer to Plaintiff's complaint.

Defendant responds to the allegations of Plaintiff's complaint, using the same

paragraph numeration in the complaint. Any allegation in the complaint which is not

specifically admitted is denied.

1-2. These paragraphs contain Plaintiff's description of his claims as to which no

response is required.

3. This paragraph contains Plaintiff's conclusions of law as to which no response is

required.

-1-
1
 Case 1:10-cv-01712-RMC Document 3 Filed 11/05/10 Page 2 of 4

4. First Sentence: Defendant admits that the Plaintiff is Citizens for

Responsibility and Ethics in Washington (CREW). Defendant lacks sufficient

information to admit or deny the remainder of the paragraph.

5-6. Defendant lacks sufficient information to admit or deny.

7. This paragraph contains Plaintiff's description of its claims as to which no

response is required.

8. First Sentence: Admit. Second sentence: Deny that defendant has

possession and control over all records sought by Plaintiff's FOIA requests.

9-14. These paragraphs contain Plaintiff's conclusions of law as to which no

response is required.

15-18. Admit that Plaintiff made a FOIA request dated July 23, 2010 which

included fee waiver requests. The request speaks for itself.

19. Admit that Plaintiff sent a follow-up letter to the Defendant dated July 26,

2010 regarding the Plaintiff’s July 23, 2010 FOIA request. The letter speaks for itself.

-2-
2
 Case 1:10-cv-01712-RMC Document 3 Filed 11/05/10 Page 3 of 4

20-22. Admit that Defendant sent Plaintiff a fee waiver determination dated July

29, 2010 denying Plaintiff’s fee waiver request. The fee waiver determination speaks

for itself.

23. Admit that Defendant sent Plaintiff a subsequent fee waiver determination

dated August 17, 2010 granting Plaintiff’s fee waiver request. The fee waiver

determination speaks for itself.

24. First sentence: admit. Second sentence: Admit that Defendant sent Plaintiff

a fee waiver denial on July 29, 2010 and a subsequent fee waiver determination dated

August 17, 2010. The records speak for themselves.

CLAIM ONE

25. Paragraphs 1-24 are here incorporated by reference.

26. Admit that Plaintiff made a FOIA request dated July 23, 2010. The

remainder of the sentence is Plaintiff’s conclusion of law to which no response is

required.

-3-
3
 Case 1:10-cv-01712-RMC Document 3 Filed 11/05/10 Page 4 of 4

27. Admit that no records had been produced at the time the complaint had been

filed.

28-30. These paragraphs are Plaintiff’s conclusions of law and fact to which no

response is required.

PRAYER FOR RELIEF

The remainder of the complaint contains Plaintiff's demand for relief to which no

response is required.

Respectfully submitted,

RONALD C. MACHEN Jr. , D.C. Bar #447889

United States Attorney

RUDOLPH CONTRERAS, D.C. Bar #434122

Chief, Civil Division

By: _____/s/ Rhonda C. Fields

RHONDA C. FIELDS
Assistant United States Attorney
Civil Division
555 Fourth Street, N.W.
Washington, D.C. 20530
202/514/6970 Fax: 202/514/8780

-4-
4