UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF COLUMBIA 

 

 ) 

RUDY TAKALA, ) 

 ) 

 Plaintiff, ) Civ. No. 17-1715 (BAH) 

 ) 

 v. ) 

 ) 

FEDERAL ELECTION COMMISSION, ) 

999 E Street, N.W. ) 

Washington, DC 20463 ) 

 ) 

 Defendant. ) 

 ) 

DEFENDANT FEDERAL ELECTION COMMISSION’S ANSWER 

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

to the Complaint filed by plaintiff Rudy Takala. 

AFFIRMATIVE DEFENSES 

First Defense 

Defendant has conducted or is in the process of conducting adequate searches for records 

responsive to plaintiff’s FOIA requests. 

Second Defense 

 Some or all of the requested records are exempt from disclosure. See 5 U.S.C. § 552(b). 

RESPONSES TO THE NUMBERED PARAGRAPHS 

All allegations in plaintiff’s complaint, including the relief sought, are denied except 

where specifically admitted herein. Defendant admits, denies, or otherwise answers the 

numbered paragraphs in the complaint as follows: 

Case 1:17-cv-01715-BAH Document 13 Filed 09/27/17 Page 1 of 4
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1. This paragraph summarizes plaintiff’s 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”) to compel the production of 

certain agency records. 

2. ADMIT that the plaintiff is the requester of the records at issue in this case. 

DENY that the Commission has violated FOIA. 

Jurisdiction and Venue1

3. ADMIT. 

4. ADMIT. 

Parties 

5. ADMIT that the plaintiff is the requester of the records at issue in this case. The 

Commission is otherwise without knowledge or information sufficient to admit or deny the 

allegations in this paragraph. 

6. ADMIT the first sentence of this paragraph. ADMIT the Commission is in 

possession of certain records referenced by plaintiff’s complaint, but DENY that the 

Commission has exclusive possession, custody, and control over all of those records at this time. 

Facts 

7-8. These paragraphs describe 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 plaintiff 

submitted a FOIA request received by the Commission on October 24, 2016, and that the request 

contained the language quoted by plaintiff. 

                                                            

1

 For ease of reference, defendant refers to plaintiff’s headings and titles, but to the extent 

those headings and titles could be construed to contain factual allegations, those allegations are 

denied. 

Case 1:17-cv-01715-BAH Document 13 Filed 09/27/17 Page 2 of 4
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9-11. ADMIT. 

12. ADMIT that by email dated December 6, 2016, the FEC invoked a second 

response extension, invited plaintiff to narrow the scope of the FOIA request at issue in this case, 

and specified that the FEC expected to provide a response by December 23, 2016. 

13. ADMIT. 

14. AMIT that plaintiff has received one production of responsive documents. DENY 

that he has received only one production. 

15. ADMIT. 

Count I 

Violation of the FOIA: Failure to Comply with Statutory Deadlines 

16. The FEC likewise incorporates its responses to paragraphs 1-15. 

17. This paragraph contains plaintiff’s legal conclusion, to which no response is 

required. To the extent a response is required, DENY. 

18. ADMIT. 

19. This paragraph contains plaintiff’s legal conclusions, to which no response is 

required. To the extent a response is required, DENY that plaintiff has an immediate right to all 

of the requested records. 

20. This paragraph contains plaintiff’s legal conclusion, to which no response is 

required. To the extent a response is required, ADMIT that under the circumstances here 

plaintiff is deemed by statute to have exhausted his administrative remedies. 

Relief Requested 

Defendant denies that plaintiff is entitled to the relief it requests. 

* * * 

 

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WHEREFORE, having fully answered, defendant respectfully requests that plaintiff’s 

Complaint be dismissed with prejudice and that this Court award defendant such other and 

further relief as the Court may deem just and proper. 

Respectfully submitted, 

LISA J. STEVENSON, D.C. Bar No. 457628 

Acting General Counsel 

lstevenson@fec.gov 

KEVIN DEELEY 

Associate General Counsel 

kdeeley@fec.gov 

 

KEVIN P. HANCOCK 

Acting Assistant General Counsel 

khancock@fec.gov 

/s/ Greg J. Mueller 

GREG J. MUELLER, D.C., Bar No. 462840 

Attorney 

gmueller@fec.gov 

FEDERAL ELECTION COMMISSION 

999 E Street, N.W. 

Washington, DC 20463 

202 694-1650 

JESSIE K. LIU, D.C. Bar #472845 

United States Attorney 

DANIEL F. VAN HORN, D.C. Bar 

#924092 

Chief, Civil Division 

By: /s/ Johnny Walker 

JOHNNY H. WALKER, D.C. Bar #991325 

Assistant United States Attorney 

555 4th Street, N.W. 

Washington, District of Columbia 20530 

Telephone: 202 252 2575 

johnny.walker@usdoj.gov 

Counsel for Defendant 

Federal Election Commission 

September 27, 2017 

Case 1:17-cv-01715-BAH Document 13 Filed 09/27/17 Page 4 of 4