Case 1:12-cv-01176-RWR Document 7 Filed 09/25/12 Page 1 of 5

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA __________________________________________ ) VERN MCKINLEY, ) ) Plaintiff, ) ) v. ) ) COMMODITY FUTURES TRADING ) COMMISSION, ) ) and ) ) SECURITIES AND EXCHANGE ) COMMISSION, ) ) Defendants. ) _________________________________________ ) ANSWER OF DEFENDANTS COMES NOW Defendants, the Commodity Futures Trading Commission (CFTC) and the Securities and Exchange Commission (SEC), (collectively Defendants), through undersigned counsel, and hereby submits the following answer to Vern McKinleys (Plaintiff) Complaint: FIRST DEFENSE Defendants have conducted adequate searches in response to the subject Freedom of Information Act (FOIA) request at issue and properly withheld documents subject to applicable FOIA exemptions. SECOND DEFENSE The Complaint fails to state a claim upon which relief can be granted.

No. 12-cv-1176 (RWR)

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THIRD DEFENSE Plaintiff is not entitled to attorney fees. FOURTH DEFENSE Defendants deny each and every allegation of the Complaint not expressly admitted in their Answer. Defendants respectfully request and reserve the right to amend, alter and supplement the defenses contained in the Answer as the facts and circumstances giving rise to the Complaint become known to it through the course of the litigation.

In response to the numbered paragraphs of the complaint, Defendant admits, denies or otherwise avers as follows: COMPLAINT JURISDICTION AND VENUE
1.

The allegations contained in Paragraph 1 constitute conclusions of law to which

no response is required. To the extent these allegations may be deemed allegations of fact, Defendant denies the allegations.
2.

The allegations contained in Paragraph 2 constitute conclusions of law to which

no response is required. To the extent these allegations may be deemed allegations of fact, Defendant denies the allegations. PARTIES 3. Defendants lack knowledge or information sufficient to form a belief as to the

truth of the allegations in this paragraph of the complaint. 4. The allegations in the first sentence of this paragraph of the complaint are

admitted. The allegations in the second sentence of this paragraph of the complaint are admitted

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with the qualification that the CFTC provided Plaintiff with a copy of the records requested in the FOIA request that is the subject of this litigation that are in the possession, custody, and control of the CFTC by e-mail on September 17, 2012. 5. The allegations in the first sentence of this paragraph of the complaint are

admitted. The SEC lacks sufficient knowledge to form a belief as to the truth of the remaining allegations in this paragraph. STATEMENT OF FACTS 6. The allegations in this paragraph of the complaint are admitted with the

qualification that the Financial Stability Oversight Counsel met by conference call. 7. 8. 9. 10. The allegations in this paragraph of the complaint are admitted. The allegations in this paragraph of the complaint are admitted. The allegations in this paragraph of the complaint are admitted. The allegations in the first five sentence of this paragraph of the complaint are

admitted. Defendants lack sufficient knowledge to form a belief as to the truth of the remaining allegations in this paragraph. 11. The allegations contained in Paragraph 11 constitute conclusions of law to which

no response is required. To the extent these allegations may be deemed allegations of fact, Defendant denies the allegations. 12. Defendants deny the first three clauses of paragraph 12. Defendants admit the

final clause to the extent it refers to circumstances as of the date of the complaint. 13. The allegations contained in Paragraph 13 constitute conclusions of law to which

no response is required. To the extent these allegations may be deemed allegations of fact, Defendant denies the allegations.

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COUNT I 14. Defendants incorporate by reference each and every Answer stated in response to

paragraphs 1 through 13 of the complaint as if fully stated herein. 15. The allegations contained in Paragraph 15 constitute conclusions of law to which

no response is required. To the extent these allegations may be deemed allegations of fact, Defendant denies the allegations. 16. The allegations contained in Paragraph 16 constitute conclusions of law to which

no response is required. To the extent these allegations may be deemed allegations of fact, Defendant denies the allegations. Prayer for Relief The final, unnumbered, paragraph of the complaint is a prayer for relief to which no response is required. To the extent a response is necessary, Defendants deny that Plaintiff is entitled to the relief requested in the complaint or to any relief whatsoever.

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Dated: September 25, 2012 Respectfully Submitted, RONALD C. MACHEN JR., D.C. BAR#447889 United States Attorney for the District of Columbia DANIEL F. VAN HORN, D.C. Bar #924092 Civil Chief By: /s/ Carl E. Ross ____________ ___ CARL EZEKIEL ROSS, D.C. Bar #492441 Assistant United States Attorney Civil Division 555 4th Street, N.W. Washington, D.C. 20530 Tel: (202) 305-4851 Fax: (202) 514-8780 Attorneys for Defendant