IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLUMBIA

)
CITIZENS FOR RESPONSIBILITY AND )
ETHICS IN WASHINGTON, )
)
Plaintiff, )
) No. 1:05cv00806 RMC
v. ) Hon. Rosemary M. Collyer
)
NATIONAL INDIAN GAMING COMMISSION, )
)
Defendant. )
)

DEFENDANT’S ANSWER TO PLAINTIFF’S COMPLAINT FOR

DECLARATORY JUDGMENT AND INJUNCTIVE RELIEF

First Affirmative Defense

The Court lacks jurisdiction over Plaintiff’s Complaint because no documents have been

improperly withheld under the Freedom of Information Act, 5 U.S.C. § 552(a).

Second Affirmative Defense

Defendant National Indian Gaming Commission (NIGC) answers Plaintiff’s Complaint as

follows. Defendant specifically denies each and every allegation of the Complaint not otherwise

expressly admitted, qualified, or denied in this Answer.

1. Defendant admits that this is an action under the Freedom of Information Act (FOIA),

5 U.S.C. § 552, as amended. The remainder of this paragraph characterizes Plaintiff’s request for

documents (Exhibit N to Plaintiff’s Complaint), which speaks for itself and to which the Court is

referred for a full and accurate statement of its contents.

2. These allegations contain conclusions of law and state plaintiff’s theory of the case and

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as such require no response.

3. These allegations are conclusions of law and jurisdictional allegations to which no

response is required.

4-5. Defendant is without sufficient knowledge to admit or deny the allegations in these

paragraphs.

6. The first sentence of this paragraph is denied. The second sentence of this paragraph

contains legal conclusions to which no response is required.

7. Defendant admits that Defendant NIGC is an independent federal regulatory agency

within the Department of the Interior established pursuant to the Indian Gaming Regulatory Act,

25 U.S.C. § 2701 et seq. Defendant admits that it possesses certain records that have been

requested by Plaintiff. The remaining allegations in this paragraph state legal conclusions to

which no response is required.

8-14. The allegations in these paragraphs state conclusions of law to which no response is

required.

15-25. These paragraphs contain Plaintiff’s characterizations of newspaper articles and

other materials, to which no response is required. To the extent a response is required,

Defendant refers the Court to the cited materials (which are attached to Plaintiff’s Complaint) for

full statements of their contents. To the extent any further response to these paragraphs is

required, denied.

26. Defendant admits that Plaintiff requested a Freedom of Information Act search by

letter dated March 18, 2005, that was received by the NIGC on March 21, 2005. The remainder

of this paragraph characterizes Plaintiff’s request for documents (Exhibit N to Plaintiff’s

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Complaint), which speaks for itself and to which the Court is referred for a full and accurate

statement of its contents.

27. Defendant admits that it acknowledged receipt of Plaintiff’s FOIA request by letter

dated March 22, 2005. Defendant refers the Court to that letter which speaks for itself and is the

best evidence of its content. See Exhibit O to Plaintiff’s Complaint. The third sentence of this

paragraph consists of conclusions of law to which no response is required. To the extent any

further response to this paragraph is required, denied.

28. Defendant denies that Plaintiff has not received a response to its request. Defendant

mailed a response to Plaintiff’s request on May 9, 2005, a clarification letter on May 10, 2005,

and a supplemental response on May 19, 2005. Defendant has produced 98 pages in response to

Plaintiff’s FOIA request.

29. The allegations in this paragraph are conclusions of law to which no response is

required.

30. Defendant denies that it has not responded to Plaintiff’s request. The remainder of

this paragraph consists of conclusions of law to which no response is required.

31. Defendant incorporates by reference its answers to paragraphs 1 through 30 as

if fully set forth herein.

32. The allegations in this paragraph set forth legal conclusions that do not require a

response.

33. The allegations in this paragraph set forth legal conclusions that do not require a

response.

34. The allegations in this paragraph set forth legal conclusions that do not require a

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response.

35. Defendant incorporates by reference its answers to paragraphs 1 through 34 as

if fully set forth herein.

36. Defendant admits the allegations in this paragraph.

37. Defendant incorporates by reference its response to paragraph 28.

38. The allegations in this paragraph set forth legal conclusions that do not require a

response.

The remainder of the complaint constitutes a prayer for relief for which no answer is

necessary; to the extent a response is deemed required, denied.

Defendant specifically denies each allegation of Plaintiff’s complaint not otherwise

answered.

Dated: May 23, 2005 Respectfully submitted,

PETER D. KEISLER
Assistant Attorney General

KENNETH L. WAINSTEIN
United States Attorney

/s/
ELIZABETH J. SHAPIRO
Assistant Branch Director
JEFFREY M. SMITH (Bar No. 467936)
Of Counsel: Trial Attorney, Federal Programs Branch
Andrea Lord U.S. Department of Justice, Civil Division
Staff Attorney 20 Massachusetts Ave., N.W., Room 6140
National Indian Gaming Commission Washington, D.C. 20001
Tel: (202) 514-5751
Fax: (202) 616-8470

Counsel for Defendants