Monday, January 24, 2011

Ely FOIA Request: Filling in the Blanks

Can you help? Need to know
1. How many Trailer Licences / Shipping Manifests
2. How many Brand Inspection Clearance Certificates
3. How many Border Crossing Stamps
4. How many receipts (into Ridgecrest Facility, ...Ca.)
What I am trying to show is
a. The number of trucks loaded
b. The number of trucks crossing borders / how many border crossing stamps
c. The number of horses received at Ridgecrest Facility
Start here on DOC 4:



KENNETH SALAZAR, Sec. of the United States Dept of the Interior,


Plaintiff’s Response to Defendants Motion to Dismiss Complaint

and Plaintiffs Motion to Compel Preparation of a Vaughn Index

Plaintiff CHRISTINE A. JUBIC, in Response to Defendants Motion to Dismiss my Complaint, object to same on the following grounds;


(a) That the documents provided to me by the Defendants in reply to my FOIA request are incomplete, contradictory and confusing and are woefully inadequate to acertain the information asked for and needed in order to determine the fate and/or whereabouts of the wild horses and burros removed from the Ely, Nevada ranges during the 2009 gather season, and

(b) That the documents so provided show that over 600 wild horses were loaded onto ______trucks for shipment to California, but the documents show evidence of only ______trucks crossing the border into California and only _____ document evidencing receipt of ______horses at the Ridgecrest Facility in California facility, where is is alleged by BLM that ALL 600+ horses were shipped to.

(c) Defendants fail to claim any valid reason for dismissal of my Complaint


2. Plaintiff moves this Court for an order requiring Defendant to provide within 30 days after service of this motion, an itemized, indexed inventory of every agency record or portion thereof responsive to Plaintiff’s request which Defendant asserts to be exempt from disclosure, accompanied by a detailed justification statement covering each refusal to release records or portions thereof in accordance with the indexing requirements of Vaughn v. Rosen, 484 F.2d 820 (D.C. Cir. 1973), cert. denied, 415 U.S. 977 (1974).

(a) As evidenced by the Index of Documents provided to me by the Defendants in way of a reply to my FOIA request, Defendants are claiming the following documents are exempt from disclosure;
Document # 27: BLM Contracting / Caliente Gather Contract / Purchase Requisitional Order & KG Livestock Invoices (11 pgs)
Document # 34: GG, SR & WR KG Livestock Statement of Work, Invoices, and contracting documents (11pgs)
Document # 39: KG Livestock Award / Contract
(b) The reason given for said non-disclosure is stated for these documents as such;
"Withheld to Consult with Contractor regarding the release of pricing information"
(c) Plaintiff respectfully submits that these document packets are being wrongfully withheld as they are the kind of documents kept during the course of regular BLM business and Plaintiff further submits that even the pricing information on these government contracts is disclosable under the U.S. FOIA laws.
(d) Plaintiff suspects that the documents being withheld "hold the secret" to the whereabouts of many of the un-accounted for horses that were loaded onto trucks but have no records of being delivered anywhere. Plaintiff suspects that alot of these horses are being sold outright to the contractors who are also in the rodeo / bucking horse breeding business.
WHEREFORE, Plaintiff respectfully requests that the Court deny Defendants Motion to Dissmiss my Complaint and that an Order be issued compelling them to release the withheld documents, or in the alternative, to more fully defend their reasons for so withholding.

Respectfully submitted,

Christine A Jubic, Plaintiff, Pro Se
118 River Rd. 1st Fl.
Johnsonville, NY 12094
(518) 753 - 7791

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