UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF COLUMBIA 

 

 ) 

DAVE LEVINTHAL, et al., ) 

 ) 

 Plaintiffs, ) Civ. No. 15-1148 (JEB) 

 ) 

 ) 

 v. ) 

 ) 

 ) ANSWER 

FEDERAL ELECTION COMMISSION, ) 

 ) 

 Defendant. ) 

 ) 

DEFENDANT FEDERAL ELECTION COMMISSION’S ANSWER 

 Defendant Federal Election Commission (“FEC” or “Commission”) submits this answer 

to the Complaint for Declaratory and Injunctive Relief filed by plaintiffs Dave Levinthal and the 

Center for Public Integrity. Any allegation not specifically responded to below is DENIED. 

1. This paragraph summarizes plaintiffs’ complaint, the allegations of which speak 

for themselves, and requires no response. To the extent a response is required, ADMIT that this 

case is an action under the Freedom of Information Act (“FOIA”), but DENY that this action 

concerns any FOIA request for “agency records related to Medicare Advantage plans.” 

2. ADMIT that the Court has jurisdiction pursuant to 5 U.S.C. § 552(a)(4)(B) and 28 

U.S.C. § 1331. DENY that 28 U.S.C. § 2201(a) grants the Court jurisdiction. 

3. ADMIT. 

4-5. The Commission is without knowledge or information sufficient to admit or deny 

the allegations in these paragraphs. 

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6. ADMIT that plaintiffs have submitted a request under FOIA for certain records 

from the FEC. See infra ¶ 8. Plaintiffs’ generalized reference to unspecified “withheld records” 

is otherwise too vague to admit or deny. 

7. ADMIT the first sentence on this paragraph. ADMIT the Commission is in 

possession of certain records referenced in paragraph 8 of plaintiffs’ complaint, but DENY that 

the Commission has exclusive possession and control over many of those records at this time and 

DENY that the Commission is in possession of and control over the records described in the first 

paragraph of plaintiffs’ complaint. 

8. This paragraph describes the FOIA request at issue in this case, which speaks for 

itself, and requires no response. To the extent a response is required, ADMIT that plaintiffs 

submitted a FOIA request on August 14, 2014, and that the request contained the quoted 

language in this paragraph. 

9. ADMIT. 

10. ADMIT the statements in paragraph 10 but DENY that they constitute a complete 

recitation of the Commission’s response as of this date. 

11. DENY that the Commission has not yet made a determination within the meaning 

of 5 U.S.C. § 552(a)(6)(A)(i). 

12. ADMIT the first sentence of this paragraph. The remainder of this paragraph is a 

legal conclusion and does not require a response. 

13. ADMIT that plaintiffs have a statutory right to a portion of the records requested 

in the August 14, 2014 FOIA request. DENY that plaintiffs have a statutory right to all of the 

requested records. DENY that there is no legal basis for the Commission not making all of the 

requested records available at this time. 

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REQUESTED RELIEF 

The Court should deny plaintiffs’ requested relief. 

Respectfully submitted, 

Daniel A. Petalas (D.C. Bar No. 467908) 

Acting General Counsel 

dpetalas@fec.gov 

Lisa J. Stevenson (D.C. Bar No. 457628) 

Deputy General Counsel 

lstevenson@fec.gov 

Kevin Deeley 

Acting Associate General Counsel 

kdeeley@fec.gov 

 

Erin Chlopak (D.C. Bar No. 496370) 

Acting Assistant General Counsel 

echlopak@fec.gov 

/s/ Greg J. Mueller 

 Greg J. Mueller (D.C. Bar No. 462840) 

Attorney 

gmueller@fec.gov 

 COUNSEL FOR DEFENDANT 

 FEDERAL ELECTION COMMISSION 

 999 E Street NW 

 Washington, DC 20463 

September 4, 2015 (202) 694-1650 

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