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Case TitleKuntz v. Department of Justice
DistrictDistrict of North Dakota
CityWestern
Case Number1:2019cv00070
Date Filed2019-04-22
Date Closed2020-09-09
JudgeChief Judge Daniel L. Hovland
PlaintiffRiley S. Kuntz
Case DescriptionRiley Kuntz submitted a FOIA request to the FBI for his criminal history records. Kuntz also requested expedited processing. The agency denied his request for expedited processing. The FBI then denied his request. Kuntz filed an administrative appeal, but after hearing nothing further from the agency, Kuntz filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Recovery of Costs, Litigation - Vaughn index

DefendantDepartment of Justice Washington, DC 20530
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Opinion/Order [10]
Opinion/Order [13]
Opinion/Order [19]
Opinion/Order [30]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2019-04-221COMPLAINT against Department of Justice (Filing fee $400, receipt number 119000867) filed by Riley S. Kuntz. (Attachments: # 1 Civil Cover Sheet, # 2 Mailing Envelope)(am) (Entered: 04/23/2019)
2019-04-232Summons Issued as to Department of Justice, U.S. Attorney and U.S. Attorney General (am) (Entered: 04/23/2019)
2019-04-233NOTICE of Direct Assignment as to Riley S. Kuntz. Consent/Reassignment Form due by 5/7/2019. (am) (Entered: 04/23/2019)
2019-04-294CONSENT/REASSIGNMENT FORM by Riley S. Kuntz. (Attachments: # 1 Mailing Envelope)(rh) (Entered: 04/29/2019)
2019-04-295(Text Only) ORDER REASSIGNING CASE to Chief Judge Daniel L. Hovland and referring to Magistrate Judge Clare R. Hochhalter for all further proceedings. Magistrate Judge Clare R. Hochhalter no longer the presiding judge assigned to the case by Chief Judge Daniel L. Hovland. (rh) Distributed on 4/29/2019. (rh) (Entered: 04/29/2019)
2019-05-026CERTIFICATE OF SERVICE by Riley S. Kuntz re 2 Summons Issued as to U.S. Attorney's Office, 1 Complaint (Attachments: # 1 Certified Mail Receipt, # 2 Mailing Envelope)(am) (Entered: 05/02/2019)
2019-05-027CERTIFICATE OF SERVICE by Riley S. Kuntz re 2 Summons Issued as to Attorney General, 1 Complaint (Attachments: # 1 Certified Mail Receipt, # 2 Mailing Envelope)(am) (Entered: 05/02/2019)
2019-05-218MOTION re 1 Complaint to Set Time to Answer or Otherwise Respond by Department of Justice. (Iversen, Tara) (Entered: 05/21/2019)
2019-05-239FIRST AMENDED COMPLAINT against Department of Justice filed by Riley S. Kuntz. (Attachments: # 1 Exhibit 1 - Memorandum of Understanding, # 2 Exhibit 2 - 2013 Watchlisting Guide, # 3 Certificate of Service, # 4 Mailing Envelope)(am) (Entered: 05/23/2019)
2019-05-2310ORDER granting 8 MOTION to Set Time to Answer or Otherwise Respond. Department of Justice shall have 6/24/2019 to file an answer or otherwise respond to plaintiff's amended complaint. By Magistrate Judge Clare R. Hochhalter. (BG) Distributed on 5/24/2019 (cjs). (Entered: 05/23/2019)
2019-05-2811OBJECTION re 10 Order granting 8 MOTION to Set Time to Answer or Otherwise Respond by Riley S. Kuntz. (Attachments: # 1 Mailing Envelope)(am) (Entered: 05/28/2019)
2019-05-2812RESPONSE to 8 Motion re 1 Complaint to Set Time to Answer or Otherwise Respond filed by Riley S. Kuntz. (Attachments: # 1 Mailing Envelope)(am) (Entered: 05/28/2019)
2019-06-0313ORDER: Insofar as the 11 Objection filed by Riley S. Kuntz could be construed as a request for reconsideration of the court's order of 5/23/2019, it is denied. By Magistrate Judge Clare R. Hochhalter. (BG) Distributed on 6/3/2019 (cjs). (Entered: 06/03/2019)
2019-06-0414MOTION for Reconsideration by Riley S. Kuntz. (Attachments: # 1 Certificate of Service, # 2 Mailing Envelope)(cjs) (Entered: 06/04/2019)
2019-06-0715OBJECTION re 13 Order by Riley S. Kuntz. (Attachments: # 1 Mailing Envelope)(cjs) (Entered: 06/07/2019)
2019-06-0716NOTICE of Appearance by James P. Thomas on behalf of Department of Justice (Thomas, James) (Entered: 06/07/2019)
2019-06-0717NOTICE of Appearance by Melissa H. Burkland on behalf of Department of Justice (Burkland, Melissa) (Entered: 06/07/2019)
2019-06-1418NOTICE of Change of Address by Riley S. Kuntz (Attachments: # 1 Certificate of Service, # 2 Mailing Envelope)(cjs) (Entered: 06/14/2019)
2019-06-1819ORDER by Magistrate Judge Clare R. Hochhalter denying 14 Motion for Reconsideration. (BG) Distributed on 6/18/2019. (rh) (Entered: 06/18/2019)
2019-06-2420ANSWER to 9 Amended Complaint by Department of Justice. (Attachments: # 1 Exhibit 1 - Plaintiff's FBI eFOIA request dated November 25, 2018, # 2 Exhibit 2 - Letter from David M. Hardy, # 3 Exhibit 3 - Letter from William G. McKinsey dated November 28, 2018, # 4 Exhibit 4 - FBI Office of Information Policy's internal documentation of Riley Kuntz appeal, # 5 Exhibit 5 - Letter from William G. McKinsey dated January 18, 2019, # 6 Exhibit 6 - Letter from Sean R. O'Neill, # 7 Exhibit 7 - Letter from Christina D. Troiani)(Thomas, James) (Entered: 06/24/2019)
2019-06-2421MOTION to Dismiss Non-FOIA Claims by Department of Justice. (Thomas, James) (Entered: 06/24/2019)
2019-06-2422MEMORANDUM in Support re 21 MOTION to Dismiss Non-FOIA Claims filed by Department of Justice. (Thomas, James) (Entered: 06/24/2019)
2019-06-2423AFFIDAVIT of Record Custodian Brian Allen Baker re 21 MOTION to Dismiss Non-FOIA Claims , 22 MEMORANDUM in Support by Department of Justice. (Thomas, James) (Entered: 06/24/2019)
2019-06-2824APPEAL OF MAGISTRATE JUDGE DECISION to District Court by Riley S. Kuntz re 19 Order on Motion for Reconsideration (Attachments: # 1 Mailing Envelope)(cjs) (Entered: 06/28/2019)
2019-07-0325BRIEF re 24 APPEAL OF MAGISTRATE JUDGE DECISION to District Court by Riley S. Kuntz re 19 Order on Motion for Reconsideration /Response to by Department of Justice. (Thomas, James) (Entered: 07/03/2019)
2019-07-0926REPLY TO PARTIAL ANSWER re 20 Answer to Amended Complaint,, by Riley S. Kuntz. (Attachments: # 1 Mailing Envelope)(cjs) (Entered: 07/09/2019)
2019-07-0927MOTION for Extension of Time to File Response/Reply as to 21 MOTION to Dismiss Non-FOIA Claims by Riley S. Kuntz. (Attachments: # 1 Memorandum in Support, # 2 Mailing Envelope)(cjs) (Entered: 07/09/2019)
2019-07-0928RESPONSE to Motion re 27 MOTION for Extension of Time to File Response/Reply as to 21 MOTION to Dismiss Non-FOIA Claims filed by Department of Justice. (Thomas, James) (Entered: 07/09/2019)
2019-07-1029ORDER by Magistrate Judge Clare R. Hochhalter granting 27 Motion for Extension of Time to File Response to 21 MOTION to Dismiss Non-FOIA Claims. Responses due by 8/12/2019. (BG) Distributed on 7/10/2019 (cjs). (Entered: 07/10/2019)
2019-07-2230ORDER OF RECUSAL. Magistrate Judge Clare R. Hochhalter recused. By Magistrate Judge Clare R. Hochhalter. (BG) Distributed on 7/22/2019 (am). (Entered: 07/22/2019)
2019-07-2231(Text Only) ORDER REASSIGNING CASE by Chief Judge Daniel L. Hovland to Magistrate Judge Alice R. Senechal, as referral judge, for all further proceedings. Magistrate Judge Clare R. Hochhalter no longer assigned to case, as referral judge.(kmk) Distributed on 7/22/2019 (am). Modified on 7/23/2019 to correct typographical error. (rh) (Entered: 07/22/2019)
2019-08-1432ORDER for Rule 26(f) Planning Meeting and Rule 16(b) Scheduling Conference, and ORDER regarding resolution of Discovery Disputes by Magistrate Judge Alice R. Senechal. Scheduling Conference set for 9/24/2019 at 10:00 AM before Magistrate Judge Alice R. Senechal. (CS) Distributed on 8/14/2019. (as) (Entered: 08/14/2019)
2019-08-1533RESPONSE to Motion re 21 MOTION to Dismiss Non-FOIA Claims filed by Riley S. Kuntz. (Attachments: # 1 Mailing Envelope)(rh) (Entered: 08/15/2019)
2019-08-2334ORDER by Chief Judge Daniel L. Hovland denying 24 Appeal of Magistrate Judge Decision (kmk) Distributed on 8/23/2019 (cjs). (Entered: 08/23/2019)
2019-08-2735REPLY to Response to Motion re 21 MOTION to Dismiss Non-FOIA Claims filed by Department of Justice. (Thomas, James) (Entered: 08/27/2019)
2019-09-0437Proposed Scheduling Plan re 32 Order by Department of Justice. (lf) (Entered: 09/09/2019)
2019-09-0536OBJECTION re 13 Order, 19 Order on Motion for Reconsideration by Riley S. Kuntz. (Attachments: # 1 Mailing Envelope)(rh) (Entered: 09/05/2019)
2019-09-0938ORDER by Magistrate Judge Alice R. Senechal. Dispositive Motions due by 3/13/2020. Scheduling Conference set for 9/24/2019 at 10:00 AM is CANCELLED. Status Conference set for 10/30/2019 at 09:00 AM by telephone before Magistrate Judge Alice R. Senechal. Defense counsel shall initiate the call. The telephone number for chambers is 701-297-7070. (AS) Distributed on 9/10/2019 (lf). (Entered: 09/09/2019)
2019-09-1939SUPPLEMENT (Exhibit A) to document: 33 Response to Motion by Riley S. Kuntz. (Attachments: # 1 Mailing Envelope)(cjs) (Entered: 09/19/2019)
2019-09-1940NOTICE by Riley S. Kuntz re 38 Terminate Deadlines and Hearings,, Order,, Set Deadlines/Hearings, (Attachments: # 1 Mailing Envelope)(cjs) (Entered: 09/19/2019)
2019-09-1941CERTIFICATE OF SERVICE by Riley S. Kuntz re 40 Notice (Other), 39 Supplement (Exhibit A) (Attachments: # 1 Mailing Envelope)(cjs) (Entered: 09/19/2019)
2019-09-2042NOTICE of Hearing: Status Conference RESET for 11/7/2019 at 10:00 AM by telephone before Magistrate Judge Alice R. Senechal. (previously set for 10/30/2019). Defense counsel shall initiate the call into Chambers at (701) 297-7070. (CS) Distributed on 9/20/2019 (pb). (Entered: 09/20/2019)
2019-11-0743Minute Entry for proceedings held before Magistrate Judge Alice R. Senechal: Status Conference held on 11/7/2019. (DR #191107-000 JS Chambers Recorder) (lc) (Entered: 11/07/2019)
2019-11-1244MOTION for Temporary Restraining Order by Riley S. Kuntz. (Attachments: # 1 Mailing Envelope)(rh) (Entered: 11/12/2019)
2019-11-2145RESPONSE to Motion re 44 MOTION for Temporary Restraining Order filed by Department of Justice. (Thomas, James) (Entered: 11/21/2019)
2019-12-1746ORDER by Judge Daniel L. Hovland denying 44 Motion for Temporary Restraining Order. (CM) Distributed on 12/17/2019 (cjs). (Entered: 12/17/2019)
2020-03-0647REPORT AND RECOMMENDATIONS by Magistrate Judge Alice R. Senechal re 21 MOTION to Dismiss Non-FOIA Claims filed by Department of Justice. (Objections to R&R due by 3/20/2020. Any response to an objection due by 3/27/2020). (LF) Distributed on 3/6/2020 (js). (Entered: 03/06/2020)
2020-03-1348MOTION for Summary Judgment by Department of Justice. (Thomas, James) (Entered: 03/13/2020)
2020-03-1349MEMORANDUM in Support re 48 MOTION for Summary Judgment filed by Department of Justice. (Thomas, James) (Entered: 03/13/2020)
2020-03-1350AFFIDAVIT /DECLARATION OF DAVID M. HARDY re 48 MOTION for Summary Judgment , 49 MEMORANDUM in Support by Department of Justice. (Attachments: # 1 Exhibit A FBI ltr 7/24/2019 to Kuntz FOIA production and exemptions, # 2 Exhibit B FBI Vaughn Index)(Thomas, James) (Entered: 03/13/2020)
2020-03-1651MOTION for Summary Judgment by Riley S. Kuntz. (Attachments: # 1 Mailing Envelope)(rh) (Entered: 03/16/2020)
2020-03-1652MEMORANDUM in Support re 51 MOTION for Summary Judgment filed by Riley S. Kuntz. (See Document 51 ) (rh) (Entered: 03/16/2020)
2020-03-1853OBJECTION by Riley S. Kuntz to 47 Report and Recommendations. (Attachments: # 1 Mailing Envelope)(cjs) (Entered: 03/18/2020)
2020-03-1954DECLARATION by Riley S. Kuntz. (Attachments: # 1 Certificate of Service, # 2 Mailing Envelope)(am) (Entered: 03/19/2020)
2020-03-2455ORDER by Judge Daniel L. Hovland adopting 47 Report and Recommendations and granting 21 Motion to Dismiss Non-FOIA Claims (kmk) Distributed on 3/24/2020. (rh) (Entered: 03/24/2020)
2020-04-0756MOTION for Extension of Time to File Response/Reply as to 48 MOTION for Summary Judgment by Riley S. Kuntz. (Attachments: # 1 Mailing Envelope)(rh) (Entered: 04/07/2020)
2020-04-0757RESPONSE to Motion re 56 MOTION for Extension of Time to File Response/Reply as to 48 MOTION for Summary Judgment filed by Department of Justice. (Thomas, James) (Entered: 04/07/2020)
2020-04-0858ORDER by Magistrate Judge Alice R. Senechal granting 56 Motion for Extension of Time to File Response re 48 MOTION for Summary Judgment. Response due by 5/8/2020. (AS) Distributed on 4/8/2020 (as). (Entered: 04/08/2020)
2020-04-0959RESPONSE to Motion re 51 MOTION for Summary Judgment filed by Department of Justice. (Thomas, James) (Entered: 04/09/2020)
2020-05-1160RESPONSE to Motion re 48 MOTION for Summary Judgment filed by Riley S. Kuntz. (rh) (Entered: 05/11/2020)
2020-05-1161MOTION to Strike 59 Response to Motion by Riley S. Kuntz. (rh) (Entered: 05/11/2020)
2020-05-1162CERTIFICATE OF SERVICE by Riley S. Kuntz re 60 Response to Motion, 61 MOTION to Strike 59 Response to Motion (Attachments: # 1 Mailing Envelope)(rh) (Entered: 05/11/2020)
2020-05-1163RESPONSE to Motion re 61 MOTION to Strike 59 Response to Motion filed by Department of Justice. (Thomas, James) (Entered: 05/11/2020)
2020-05-2064REPLY to Response to Motion re 48 MOTION for Summary Judgment filed by Department of Justice. (Thomas, James) Modified on 5/21/2020 to correct link (cjs). (Entered: 05/20/2020)
2020-05-21DOCKET CORRECTION re: 64 Reply to Response to Motion. Clerk's Office linked to correct document. (cjs) (Entered: 05/21/2020)
2020-08-1465REPORT AND RECOMMENDATIONS by Magistrate Judge Alice R. Senechal re 48 MOTION for Summary Judgment filed by Department of Justice and 51 MOTION for Summary Judgment filed by Riley S. Kuntz. (Objections to R&R due by 8/28/2020). (LF) Distributed on 8/14/2020 (js). (Entered: 08/14/2020)
2020-08-1466(Text Only) ORDER by Magistrate Judge Alice R. Senechal denying 61 Motion to Strike. See written order at Doc. 65 . (LF) Distributed on 8/14/2020 (js). (Entered: 08/14/2020)
2020-09-0967ORDER by Judge Daniel L. Hovland adopting 65 Report and Recommendation; granting 48 Motion for Summary Judgment; and finding as moot 51 Motion for Summary Judgment. (kmk) Distributed on 9/9/2020 (cjs). (Entered: 09/09/2020)
2020-09-0968CLERK'S JUDGMENT in favor of Department of Justice against Riley S. Kuntz by Judge Daniel L. Hovland.(cjs) (Entered: 09/09/2020)
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