Case 2:18-cv-01442-JLR Document 1 Filed 10/01/18 Page 1 of 7

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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THE HUMAN RIGHTS DEFENSE
CENTER and MICHELLE DILLON,
Plaintiffs,

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No.
COMPLAINT

v.
U.S. DEPARTMENT OF HEALTH AND
HUMAN SERVICES, ADMINISTRATION
FOR CHILDREN AND FAMILIES, and
OFFICE OF REFUGEE RESETTLEMENT,

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Defendants.

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1.

This lawsuit is an action under the Freedom of Information Act, 5 U.S.C.

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§ 552, et seq., seeking production of records responsive to requests submitted by

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Ms. Michelle Dillon, an employee of the Human Rights Defense Center, to the U.S.

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Department of Health and Human Services and to the Office of Refugee Resettlement, an

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office within the Administration for Children and Families.

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JURISDICTION AND VENUE
2.

This Court has both subject matter jurisdiction over this action and personal

jurisdiction over the defendants under 5 U.S.C. §§ 552(a)(4)(B) and 2201(a).

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Case 2:18-cv-01442-JLR Document 1 Filed 10/01/18 Page 2 of 7

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3.

Venue is appropriate in this Court under 5 U.S.C. § 552(a)(4)(B).

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Intradistrict assignment to the Seattle Division of the Western District of Washington is

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appropriate under LCR 3(e)(1) because the claims asserted herein arose in King County.

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PARTIES
4.

Plaintiff Human Rights Defense Center is a non-profit organization that

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advocates on behalf of the human rights of people held in U.S. detention facilities. Its

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advocacy efforts include publishing Prison Legal News, a 72-page monthly publication that

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covers prison-related news and litigation nationwide, and Criminal Legal News, a monthly

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publication that covers the criminal justice system beyond incarceration. The Human Rights

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Defense Center also publishes and distributes self-help reference books for prisoners, and

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engages in litigation, media campaigns and outreach, public speaking and education, and

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testimony before legislative and regulatory bodies.

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5.

Plaintiff Michelle Dillon resides in the Western District of Washington. She

is an employee of the Human Rights Defense Center in its Seattle office.
6.

Defendant U.S. Department of Health of Human Services is a department

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of the executive branch of the U.S. government and is an agency within the meaning of

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5 U.S.C. § 552(f)(1) and 5 U.S.C. § 701.

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7.

Defendant Administration for Children and Families is a division of the U.S.

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Department of Health of Human Services and is an agency under 5 U.S.C. § 552(f)(1) and

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5 U.S.C. § 701.

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8.

Defendant Office of Refugee Resettlement is an office of the U.S.

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Department of Health of Human Services and is an agency under 5 U.S.C. § 552(f)(1) and

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5 U.S.C. § 701.

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FACTS

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Human Rights Defense Center’s Background and Mission

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The Human Rights Defense Center was founded in 1990. It is dedicated to

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public education, prisoner education, advocacy, and outreach to support the rights of

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prisoners and to further basic human rights.

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The Human Rights Defense Center’s publishing project distributes books to

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prisoners and other customers. It also publishes two monthly magazines, Criminal Legal

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News and Prison Legal News.

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advocacy and education.
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Prior to a 2009 name change, the entire organization was known as

Prisoners’ Legal News.

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In addition to publishing, the Human Rights Defense Center engages in

U.S. Department of Health and Human Services
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The U.S. Department of Health and Human Services (“HHS”) has a mission

to enhance and protect the health and well-being of all Americans.

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Administration for Children and Families
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The Administration for Children and Families is a division within HHS.

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Office of Refugee Resettlement
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The Office of Refugee Resettlement (“ORR”) is an office within the

Administration for Children and Families.
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ORR has responsibility for non-citizen children who arrive in the United

States unaccompanied.
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ORR also takes responsibility for non-citizen children who have been

forcibly separated from the adults with whom they arrived in the United States.
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The mistreatment of these children has been widely covered in the media.

For example:

COMPLAINT – Page 3
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Ginger Thompson, Listen to Children Who’ve Just Been Separated

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From Their Parents at the Border,

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https://www.propublica.org/article/children-separated-from-parents-

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border-patrol-cbp-trump-immigration-policy;
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NBC29, Young Immigrants Detained in Shenandoah Valley Juvenile

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Center Allege Abuse, http://www.nbc29.com/story/38475890/young-

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immigrants-detained-in-virginia-center-allege-abuse;
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Bree Burkitt, Ex-Migrant Shelter Employee Found Guilty of
Molesting Unaccompanied Minors,

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https://www.usatoday.com/story/news/nation-

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now/2018/09/11/southwest-key-worker-convicted-abusing-minors-

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arizona-migrant-shelter/1267100002/.

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Because of the widespread concern, the Human Rights Defense Center is

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interested in documents regarding the potential ill treatment of children and other civil

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rights violations.

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The Requests for Information at Issue
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On August 20, 2018, Ms. Dillon sent a request via web portal to HHS for

certain records related to litigation that the agency has resolved.
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On behalf of the Human Rights Defense Center, Ms. Dillon requested

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records regarding litigation against HHS and its employees or agents created since

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January 1, 2010. She limited her request to claims and cases in which the government paid

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$1,000 or more.

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In each case or claim described above, she asked to be provided:

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The Complaint or Claim Form and any amended versions;

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The Verdict Form, Final Judgment, Settlement Agreement, Consent

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Decree, or other paper that resolved the case;

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A record that shows the amount of money involved in the resolution
and to whom it was paid.

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Ms. Dillon also requested a fee waiver under 5 U.S.C. §§ 552(a)(4)(A)(ii)(II)

and (iii).
24.

Via immediate acknowledgement email, HHS informed Ms. Dillon that her

request was assigned Request Number 2018-01423-FOIA-OS.
25.

Although HHS did not ever invoke the agency’s right to ten-day extension

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under 5 U.S.C. § 552(a)(6)(B), as of the date of this filing, HHS’s web portal simply shows

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that this request is “Assigned for Processing.”

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As of the date of this filing, HHS has not provided any further response.

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Also, on August 20, 2018, Ms. Dillon sent a request to the Office of Refugee

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Resettlement of the Administration for Children and Families via email address

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FOIA@acf.hhs.gov requesting all emails, including attachments, sent from ORR-authorized

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care providers which include a Sexual Abuse/Significant Incident Report (SA/SIR) since

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January 1, 2015 to any of the following email addresses:

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VCACU_ORR_Reporting@ic.fbi.gov

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UAC@oig.hhs.gov

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PSAC@acf.hhs.gov

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Hotline@oig@dhs.gov

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CRCLCompliance@hq.dhs.gov

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ERO.SexualAssault@ice.dhs.gov

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PDOTASKING@cbp.dhs.gov

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28.

Ms. Dillon also requested a fee waiver under 5 U.S.C. §§ 552(a)(4)(A)(ii)(II)

and (iii).
29.

As of the date of this filing, no response of any kind has been received.

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Case 2:18-cv-01442-JLR Document 1 Filed 10/01/18 Page 6 of 7

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30.

Per 5 U.S.C. § 552(a)(6)(A)(ii), any agency has twenty working days to

provide documents in response to a FOIA request.
31.

For both requests, this period expired on September 18, 2018.

THE HUMAN RIGHTS DEFENSE CENTER AND MS. DILLON’S
CLAIMS FOR RELIEF

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COUNT I:
Violation of the Freedom of Information Act, 5 U.S.C. § 552

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32.

This claim incorporates paragraphs 1 – 30 by reference.

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HHS, The Administration for Children and Families, and ORR wrongly

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withheld documents responsive to the properly submitted requests.
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The Human Rights Defense Center and Ms. Dillon have a statutory right to

all the records sought, and there is no basis to withhold them.
35.

By failing to release all the records specifically requested, HHS, The

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Administration for Children and Families, and ORR have violated the Freedom of

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Information Act.

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COUNT II:
Violation of the Freedom of Information Act Fee Waiver Provisions

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36.

This claim incorporates paragraphs 1 – 30 by reference.

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HHS, The Administration for Children and Families, and ORR wrongly did

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not grant Ms. Dillon’s request for a full fee waiver.
38.

The Human Rights Defense Center and Ms. Dillon have a statutory right to a

full fee waiver.
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By failing to grant a fee waiver, HHS, The Administration for Children and

Families, and ORR have violated the Freedom of Information Act.

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Case 2:18-cv-01442-JLR Document 1 Filed 10/01/18 Page 7 of 7

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REQUESTED RELIEF
The Human Rights Defense Center and Ms. Dillon therefore respectfully request
that this Court:
1.

Declare that the records they seek are subject to disclosure under the

Freedom of Information Act;

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2.

Declare that they are entitled to a full fee waiver;

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3.

Order HHS, The Administration for Families and Children, and ORR to

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disclose the requested records;

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4.

Award costs and attorneys’ fees under 5 U.S.C. § 552(a)(4)(E); and

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5.

Grant such other relief as the Court may consider just and proper.

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Dated: October 1, 2018.

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Respectfully submitted,

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YARMUTH WILSDON PLLC

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By: s/Jeremy E. Roller
Jeremy E. Roller, WSBA #32021
1420 Fifth Avenue, Suite 1400
Seattle, WA 98101
Telephone (206) 516-3800
Fax (206) 516-3888
jroller@yarmuth.com

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Deborah M. Golden (pro hac vice application
to be filed)
Human Rights Defense Center
316 F Street, NE #107
Washington, DC 20002
Telephone (202) 543-8100
dgolden@humanrightsdefensecenter.org

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Attorneys for Plaintiffs The Human Rights
Defense Center and Michelle Dillon

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COMPLAINT – Page 7
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999.21 sj011501 10/1/18

Case 2:18-cv-01442-JLR Document 1-1 Filed 10/01/18 Page 1 of 2

CIVIL COVER SHEET

JS 44 (Rev. 0/16)

The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as
provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the
purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM.)

I. (a) PLAINTIFFS

THE HUMAN RIGHTS DEFENSE CENTER and MICHELLE DILLON

(b) County of Residence of First Listed Plaintiff

King

DEFENDANTS

U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES,
ADMINISTRATION FOR CHILDREN AND FAMILIES, and OFFICE
OF REFUGEE RESETTLEMENT
County of Residence of First Listed Defendant

(EXCEPT IN U.S. PLAINTIFF CASES)
NOTE:

(c) Attorneys (Firm Name, Address, and Telephone Number)

Attorneys (If Known)

Jeremy E. Roller / YARMUTH WILSDON PLLC
1420 Fifth Avenue, Suite 1400, Seattle, WA 98101
(206) 516-3800

II. BASIS OF JURISDICTION (Place an “X” in One Box Only)
u 1

U.S. Government
Plaintiff

u 3

Federal Question
(U.S. Government Not a Party)

u 2

U.S. Government
Defendant

u 4

Diversity
(Indicate Citizenship of Parties in Item III)

III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an “X” in One Box for Plaintiff

IV. NATURE OF SUIT (Place an “X” in One Box Only)
CONTRACT

u
u
u
u

u
u
u
u
u
u

REAL PROPERTY
210 Land Condemnation
220 Foreclosure
230 Rent Lease & Ejectment
240 Torts to Land
245 Tort Product Liability
290 All Other Real Property

u
u

u

PERSONAL INJURY
u 310 Airplane
u 315 Airplane Product
Liability
u 320 Assault, Libel &
Slander
u 330 Federal Employers’
Liability
u 340 Marine
u 345 Marine Product
Liability
u 350 Motor Vehicle
u 355 Motor Vehicle
Product Liability
u 360 Other Personal
Injury
u 362 Personal Injury Medical Malpractice
CIVIL RIGHTS
u 440 Other Civil Rights
u 441 Voting
u 442 Employment
u 443 Housing/
Accommodations
u 445 Amer. w/Disabilities Employment
u 446 Amer. w/Disabilities Other
u 448 Education

(For Diversity Cases Only)
PTF
Citizen of This State
u 1

DEF
u 1

and One Box for Defendant)
PTF
DEF
Incorporated or Principal Place
u 4
u 4
of Business In This State

Citizen of Another State

u 2

u

2

Incorporated and Principal Place
of Business In Another State

u 5

u 5

Citizen or Subject of a
Foreign Country

u 3

u

3

Foreign Nation

u 6

u 6

&OLFNKHUHIRU1DWXUHRI6XLW&RGH'HVFULSWLRQV
FORFEITURE/PENALTY
BANKRUPTCY
OTHER STATUTES

TORTS

110 Insurance
120 Marine
130 Miller Act
140 Negotiable Instrument
150 Recovery of Overpayment
& Enforcement of Judgment
151 Medicare Act
152 Recovery of Defaulted
Student Loans
(Excludes Veterans)
153 Recovery of Overpayment
of Veteran’s Benefits
160 Stockholders’ Suits
190 Other Contract
195 Contract Product Liability
196 Franchise

u
u
u
u
u

(IN U.S. PLAINTIFF CASES ONLY)
IN LAND CONDEMNATION CASES, USE THE LOCATION OF
THE TRACT OF LAND INVOLVED.

PERSONAL INJURY
u 365 Personal Injury Product Liability
u 367 Health Care/
Pharmaceutical
Personal Injury
Product Liability
u 368 Asbestos Personal
Injury Product
Liability
PERSONAL PROPERTY
u 370 Other Fraud
u 371 Truth in Lending
u 380 Other Personal
Property Damage
u 385 Property Damage
Product Liability
PRISONER PETITIONS
Habeas Corpus:
u 463 Alien Detainee
u 510 Motions to Vacate
Sentence
u 530 General
u 535 Death Penalty
Other:
u 540 Mandamus & Other
u 550 Civil Rights
u 555 Prison Condition
u 560 Civil Detainee Conditions of
Confinement

u 625 Drug Related Seizure
of Property 21 USC 881
u 690 Other

u 422 Appeal 28 USC 158
u 423 Withdrawal
28 USC 157
PROPERTY RIGHTS
u 820 Copyrights
u 830 Patent
u 840 Trademark

LABOR
u 710 Fair Labor Standards
Act
u 720 Labor/Management
Relations
u 740 Railway Labor Act
u 751 Family and Medical
Leave Act
u 790 Other Labor Litigation
u 791 Employee Retirement
Income Security Act

u
u
u
u
u

SOCIAL SECURITY
861 HIA (1395ff)
862 Black Lung (923)
863 DIWC/DIWW (405(g))
864 SSID Title XVI
865 RSI (405(g))

FEDERAL TAX SUITS
u 870 Taxes (U.S. Plaintiff
or Defendant)
u 871 IRS—Third Party
26 USC 7609

IMMIGRATION
u 462 Naturalization Application
u 465 Other Immigration
Actions

u 375 False Claims Act
u 376 Qui Tam (31 USC
3729(a))
u 400 State Reapportionment
u 410 Antitrust
u 430 Banks and Banking
u 450 Commerce
u 460 Deportation
u 470 Racketeer Influenced and
Corrupt Organizations
u 480 Consumer Credit
u 490 Cable/Sat TV
u 850 Securities/Commodities/
Exchange
u 890 Other Statutory Actions
u 891 Agricultural Acts
u 893 Environmental Matters
u 895 Freedom of Information
Act
u 896 Arbitration
u 899 Administrative Procedure
Act/Review or Appeal of
Agency Decision
u 950 Constitutionality of
State Statutes

V. ORIGIN (Place an “X” in One Box Only)
u 1 Original
Proceeding

u 2 Removed from
State Court

u 3

Remanded from
Appellate Court

u 4 Reinstated or
Reopened

u 5 Transferred from
Another District

u 6 Multidistrict
Litigation Transfer
(specify)
Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):

u 8 Multidistrict
Litigation Direct File

5 U.S.C. § 552

VI. CAUSE OF ACTION Brief description of cause:

Freedom of Information Act case seeking records

u CHECK IF THIS IS A CLASS ACTION
VII. REQUESTED IN
UNDER RULE 23, F.R.Cv.P.
COMPLAINT:
VIII. RELATED CASE(S)
(See instructions):
IF ANY
JUDGE
DATE

CHECK YES only if demanded in complaint:
u Yes
u No
JURY DEMAND:

DEMAND $

DOCKET NUMBER

SIGNATURE OF ATTORNEY OF RECORD

s/Jeremy E. Roller

10/01/2018
FOR OFFICE USE ONLY
RECEIPT #

AMOUNT

APPLYING IFP

JUDGE

MAG. JUDGE

JS 44 Reverse (Rev. 0/16)

Case 2:18-cv-01442-JLR Document 1-1 Filed 10/01/18 Page 2 of 2

INSTRUCTIONS FOR ATTORNEYS COMPLETING CIVIL COVER SHEET FORM JS 44
Authority For Civil Cover Sheet
The JS 44 civil cover sheet and the information contained herein neither replaces nor supplements the filings and service of pleading or other papers as
required by law, except as provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is
required for the use of the Clerk of Court for the purpose of initiating the civil docket sheet. Consequently, a civil cover sheet is submitted to the Clerk of
Court for each civil complaint filed. The attorney filing a case should complete the form as follows:
I.(a)
(b)
(c)

Plaintiffs-Defendants. Enter names (last, first, middle initial) of plaintiff and defendant. If the plaintiff or defendant is a government agency, use
only the full name or standard abbreviations. If the plaintiff or defendant is an official within a government agency, identify first the agency and
then the official, giving both name and title.
County of Residence. For each civil case filed, except U.S. plaintiff cases, enter the name of the county where the first listed plaintiff resides at the
time of filing. In U.S. plaintiff cases, enter the name of the county in which the first listed defendant resides at the time of filing. (NOTE: In land
condemnation cases, the county of residence of the "defendant" is the location of the tract of land involved.)
Attorneys. Enter the firm name, address, telephone number, and attorney of record. If there are several attorneys, list them on an attachment, noting
in this section "(see attachment)".

II.

Jurisdiction. The basis of jurisdiction is set forth under Rule 8(a), F.R.Cv.P., which requires that jurisdictions be shown in pleadings. Place an "X"
in one of the boxes. If there is more than one basis of jurisdiction, precedence is given in the order shown below.
United States plaintiff. (1) Jurisdiction based on 28 U.S.C. 1345 and 1348. Suits by agencies and officers of the United States are included here.
United States defendant. (2) When the plaintiff is suing the United States, its officers or agencies, place an "X" in this box.
Federal question. (3) This refers to suits under 28 U.S.C. 1331, where jurisdiction arises under the Constitution of the United States, an amendment
to the Constitution, an act of Congress or a treaty of the United States. In cases where the U.S. is a party, the U.S. plaintiff or defendant code takes
precedence, and box 1 or 2 should be marked.
Diversity of citizenship. (4) This refers to suits under 28 U.S.C. 1332, where parties are citizens of different states. When Box 4 is checked, the
citizenship of the different parties must be checked. (See Section III below; NOTE: federal question actions take precedence over diversity
cases.)

III.

Residence (citizenship) of Principal Parties. This section of the JS 44 is to be completed if diversity of citizenship was indicated above. Mark this
section for each principal party.

IV.

1DWXUHRI6XLW3ODFHDQ;LQWKHDSSURSULDWHER[,IWKHUHDUHPXOWLSOHQDWXUHRIVXLWFRGHVDVVRFLDWHGZLWKWKHFDVHSLFNWKHQDWXUHRIVXLWFRGH
WKDWLVPRVWDSSOLFDEOH&OLFNKHUHIRU1DWXUHRI6XLW&RGH'HVFULSWLRQV

V.

Origin. Place an "X" in one of the seven boxes.
Original Proceedings. (1) Cases which originate in the United States district courts.
Removed from State Court. (2) Proceedings initiated in state courts may be removed to the district courts under Title 28 U.S.C., Section 1441.
When the petition for removal is granted, check this box.
Remanded from Appellate Court. (3) Check this box for cases remanded to the district court for further action. Use the date of remand as the filing
date.
Reinstated or Reopened. (4) Check this box for cases reinstated or reopened in the district court. Use the reopening date as the filing date.
Transferred from Another District. (5) For cases transferred under Title 28 U.S.C. Section 1404(a). Do not use this for within district transfers or
multidistrict litigation transfers.
Multidistrict Litigation – Transfer. (6) Check this box when a multidistrict case is transferred into the district under authority of Title 28 U.S.C.
Section 1407.
Multidistrict Litigation – Direct File. (8) Check this box when a multidistrict case is filed in the same district as the Master MDL docket.
PLEASE NOTE THAT THERE IS NOT AN ORIGIN CODE 7. Origin Code 7 was used for historical records and is no longer relevant due to
changes in statue.

VI.

Cause of Action. Report the civil statute directly related to the cause of action and give a brief description of the cause. Do not cite jurisdictional
statutes unless diversity. Example: U.S. Civil Statute: 47 USC 553 Brief Description: Unauthorized reception of cable service

VII.

Requested in Complaint. Class Action. Place an "X" in this box if you are filing a class action under Rule 23, F.R.Cv.P.
Demand. In this space enter the actual dollar amount being demanded or indicate other demand, such as a preliminary injunction.
Jury Demand. Check the appropriate box to indicate whether or not a jury is being demanded.

VIII. Related Cases. This section of the JS 44 is used to reference related pending cases, if any. If there are related pending cases, insert the docket
numbers and the corresponding judge names for such cases.
Date and Attorney Signature. Date and sign the civil cover sheet.

Case 2:18-cv-01442-JLR Document 1-2 Filed 10/01/18 Page 1 of 2
AO 440 (Rev. 06/12) Summons in a Civil Action

UNITED STATES DISTRICT COURT
for the

Western District
of of
Washington
__________
District
__________
THE HUMAN RIGHTS DEFENSE CENTER and
MICHELLE DILLON,

Plaintiff(s)

v.
U.S. DEPARTMENT OF HEALTH AND HUMAN
SERVICES, ADMINISTRATION FOR CHILDREN
AND FAMILIES, and OFFICE OF REFUGEE
RESETTLEMENT,
Defendant(s)

)
)
)
)
)
)
)
)
)
)
)
)

Civil Action No.

SUMMONS IN A CIVIL ACTION
To: (Defendant’s name and address) U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES
c/o Office of the General Counsel
U.S. Department of Health and Human Services
200 Independence Avenue SW
Washington, DC 20201

A lawsuit has been filed against you.
Within 21 days after service of this summons on you (not counting the day you received it) — or 60 days if you
are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ.
P. 12 (a)(2) or (3) — you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of
the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiff’s attorney,
whose name and address are:
Jeremy E. Roller
Yarmuth Wilsdon PLLC
1420 Fifth Avenue, Suite 1400
Seattle, WA 98101
(206) 516-3800

If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint.
You also must file your answer or motion with the court.

CLERK OF COURT
Date:
Signature of Clerk or Deputy Clerk

Case 2:18-cv-01442-JLR Document 1-2 Filed 10/01/18 Page 2 of 2
AO 440 (Rev. 06/12) Summons in a Civil Action (Page 2)

Civil Action No.
PROOF OF SERVICE
(This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (l))
This summons for (name of individual and title, if any)
was received by me on (date)

.

u I personally served the summons on the individual at (place)
on (date)

; or

u I left the summons at the individual’s residence or usual place of abode with (name)
, a person of suitable age and discretion who resides there,
on (date)

, and mailed a copy to the individual’s last known address; or
, who is

u I served the summons on (name of individual)
designated by law to accept service of process on behalf of (name of organization)
on (date)

; or

u I returned the summons unexecuted because

; or

u Other (specify):
.
My fees are $

for travel and $

for services, for a total of $

I declare under penalty of perjury that this information is true.

Date:
Server’s signature

Printed name and title

Server’s address

Additional information regarding attempted service, etc:

0.00

.

Case 2:18-cv-01442-JLR Document 1-3 Filed 10/01/18 Page 1 of 2
AO 440 (Rev. 06/12) Summons in a Civil Action

UNITED STATES DISTRICT COURT
for the

Western District
of of
Washington
__________
District
__________
THE HUMAN RIGHTS DEFENSE CENTER and
MICHELLE DILLON,

Plaintiff(s)

v.
U.S. DEPARTMENT OF HEALTH AND HUMAN
SERVICES, ADMINISTRATION FOR CHILDREN
AND FAMILIES, and OFFICE OF REFUGEE
RESETTLEMENT,
Defendant(s)

)
)
)
)
)
)
)
)
)
)
)
)

Civil Action No.

SUMMONS IN A CIVIL ACTION
To: (Defendant’s name and address) ADMINISTRATION FOR CHILDREN AND FAMILIES
c/o Office of the General Counsel
U.S. Department of Health and Human Services
200 Independence Avenue SW
Washington, DC 20201

A lawsuit has been filed against you.
Within 21 days after service of this summons on you (not counting the day you received it) — or 60 days if you
are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ.
P. 12 (a)(2) or (3) — you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of
the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiff’s attorney,
whose name and address are:
Jeremy E. Roller
Yarmuth Wilsdon PLLC
1420 Fifth Avenue, Suite 1400
Seattle, WA 98101
(206) 516-3800

If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint.
You also must file your answer or motion with the court.

CLERK OF COURT
Date:
Signature of Clerk or Deputy Clerk

Case 2:18-cv-01442-JLR Document 1-3 Filed 10/01/18 Page 2 of 2
AO 440 (Rev. 06/12) Summons in a Civil Action (Page 2)

Civil Action No.
PROOF OF SERVICE
(This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (l))
This summons for (name of individual and title, if any)
was received by me on (date)

.

u I personally served the summons on the individual at (place)
on (date)

; or

u I left the summons at the individual’s residence or usual place of abode with (name)
, a person of suitable age and discretion who resides there,
on (date)

, and mailed a copy to the individual’s last known address; or
, who is

u I served the summons on (name of individual)
designated by law to accept service of process on behalf of (name of organization)
on (date)

; or

u I returned the summons unexecuted because

; or

u Other (specify):
.
My fees are $

for travel and $

for services, for a total of $

I declare under penalty of perjury that this information is true.

Date:
Server’s signature

Printed name and title

Server’s address

Additional information regarding attempted service, etc:

0.00

.

Case 2:18-cv-01442-JLR Document 1-4 Filed 10/01/18 Page 1 of 2
AO 440 (Rev. 06/12) Summons in a Civil Action

UNITED STATES DISTRICT COURT
for the

Western District
of of
Washington
__________
District
__________
THE HUMAN RIGHTS DEFENSE CENTER and
MICHELLE DILLON,

Plaintiff(s)

v.
U.S. DEPARTMENT OF HEALTH AND HUMAN
SERVICES, ADMINISTRATION FOR CHILDREN
AND FAMILIES, and OFFICE OF REFUGEE
RESETTLEMENT,
Defendant(s)

)
)
)
)
)
)
)
)
)
)
)
)

Civil Action No.

SUMMONS IN A CIVIL ACTION
To: (Defendant’s name and address) OFFICE OF REFUGEE RESETTLEMENT
c/o Office of the General Counsel
U.S. Department of Health and Human Services
200 Independence Avenue SW
Washington, DC 20201

A lawsuit has been filed against you.
Within 21 days after service of this summons on you (not counting the day you received it) — or 60 days if you
are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ.
P. 12 (a)(2) or (3) — you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of
the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiff’s attorney,
whose name and address are:
Jeremy E. Roller
Yarmuth Wilsdon PLLC
1420 Fifth Avenue, Suite 1400
Seattle, WA 98101
(206) 516-3800

If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint.
You also must file your answer or motion with the court.

CLERK OF COURT
Date:
Signature of Clerk or Deputy Clerk

Case 2:18-cv-01442-JLR Document 1-4 Filed 10/01/18 Page 2 of 2
AO 440 (Rev. 06/12) Summons in a Civil Action (Page 2)

Civil Action No.
PROOF OF SERVICE
(This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (l))
This summons for (name of individual and title, if any)
was received by me on (date)

.

u I personally served the summons on the individual at (place)
on (date)

; or

u I left the summons at the individual’s residence or usual place of abode with (name)
, a person of suitable age and discretion who resides there,
on (date)

, and mailed a copy to the individual’s last known address; or
, who is

u I served the summons on (name of individual)
designated by law to accept service of process on behalf of (name of organization)
on (date)

; or

u I returned the summons unexecuted because

; or

u Other (specify):
.
My fees are $

for travel and $

for services, for a total of $

I declare under penalty of perjury that this information is true.

Date:
Server’s signature

Printed name and title

Server’s address

Additional information regarding attempted service, etc:

0.00

.