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Case TitleBasey v. Department of the Army et al
DistrictDistrict of Alaska
CityFairbanks
Case Number4:2016cv00038
Date Filed2016-12-02
Date Closed2018-06-12
JudgeTimothy M. Burgess
PlaintiffKaleb Lee Basey
Case DescriptionKaleb Lee Basey submitted a FOIA request to the Department of the Army for records concerning its authority to authorize State of Alaska law enforcement officials to conduct searches and seizures of property outside military-controlled areas. Basey sent a second FOIA request to the Army for records concerning the swearing out of charges against Basey by two Criminal Information Division Command agents. The agency acknowledged receipt of the requests, but had not responded to either request by the time Basey filed suit. Basey also submitted a request to the FBI for records concerning disciplinary actions taken against several FBI agents involved in the investigation. The FBI denied his request and Basey filed an administrative appeal. After hearing nothing further from the FBI, Basey filed suit against both agencies.
Complaint issues: Failure to respond within statutory time limit, Litigation - Recovery of Costs

DefendantDepartment of the Army
DefendantDepartment of Justice
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
Complaint attachment 7
Complaint attachment 8
Complaint attachment 9
Complaint attachment 10
Complaint attachment 11
Complaint attachment 12
Complaint attachment 13
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2016-12-021COMPLAINT for Relief against Department of the Army and Department of Justice, (Filing fee $ 400.00 Receipt# 098672), filed by Kaleb Lee Basey. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M)(LMH, COURT STAFF) (Entered: 12/02/2016)
2016-12-022Civil Cover Sheet. (LMH, COURT STAFF) (Entered: 12/02/2016)
2016-12-023Unissued summons re Defendant U.S. Army Legal, (Attachments: # 1 Unissued Summons re Defendant Attorney General, # 2 Unissued Summons re Defendant Civil Process Clerk)(LMH, COURT STAFF) (Entered: 12/02/2016)
2016-12-02Summons Issued as to Attorney General/Department of Justice, Department of the Army, US Attorney. (LMH, COURT STAFF) Modified on 12/2/2016 to fix name. (LMH, COURT STAFF). (Entered: 12/02/2016)
2016-12-204CERTIFICATE OF SERVICE by Kaleb Lee Basey re Summons Issued and 1 Complaint. (LMH, COURT STAFF) (Additional attachment(s) added on 1/9/2017: # 1 with Signature) (LMH, COURT STAFF). (Entered: 12/20/2016)
2017-01-095MOTION to Dismiss all Claims Against the Civil Investigative Command and 5th Squadron, 1st Cavalry Regiment as Moot by Department of the Army. (Attachments: # 1 Exhibit A Docket USA v Basey 4-14-cr-28, # 2 Exhibit B Complaint Basey v Hansen 4-16-cv-4, # 3 Exhibit C Letter from Susan Cugler CID to Basey 3 JAN 17, # 4 Exhibit D Declaration of Chidester 6 JAN 17, # 5 Exhibit E Letter from Susan Cugler CID to Basey 6 JAN 17, # 6 Exhibit F Letter from Melisa Joseph to Basey 3 JAN 17, # 7 Exhibit G Declaration of SSG Joseph 5 JAN 17, # 8 Proposed Order)(Fonstad, John) (Entered: 01/09/2017)
2017-01-096ANSWER to 1 Complaint, Federal Bureau of Investigation by Department of Justice.(Fonstad, John) (Entered: 01/09/2017)
2017-01-097AMENDED ANSWER to 1 Complaint, Federal Bureau of Investigation by Department of Justice. (Fonstad, John) (Entered: 01/09/2017)
2017-01-238Plaintiff's Opposition to Defendant's Motion to Dismiss and Motion for Partial Summary Judgement re 5 MOTION to Dismiss all Claims Against the Civil Investigative Command and 5th Squadron, 1st Cavalry Regiment as Moot filed by Kaleb Lee Basey. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G)(LMH, COURT STAFF) (Entered: 01/23/2017)
2017-01-269ORDER re 5 MOTION to Dismiss. (RMC, COURT STAFF) (Entered: 01/26/2017)
2017-01-2710MOTION for an Order Preserving FOIA Exemption Claims by the Federal Bureau of Investigation by Department of Justice. (Attachments: # 1 Exhibit 1-Docket USA v Basey 4-14-cr-28, # 2 Exhibit 2-Complaint Basey v Hansen 4-16-cv-4, # 3 Exhibit 3-Hardy Declaration & Exhibits (Basey Bif Req), # 4 Exhibit 4-Docket Pub Investors District of Columbia live database_pl, # 5 Exhibit 5-Docket Ciralsky v. CIA District of Columbia live database_pl, # 6 Proposed Order)(Fonstad, John) (Entered: 01/27/2017)
2017-01-2711JOINDER TO MOTION by Department of the Army 10 MOTION for an Order Preserving FOIA Exemption Claims by the Federal Bureau of Investigation filed by Department of Justice. (Attachments: # 1 Proposed Order)(Fonstad, John) (Entered: 01/27/2017)
2017-01-3012MOTION for Leave to File Supplemental Brief by Kaleb Lee Basey. (Attachments: # 1 Proposed Order)(JLH, COURT STAFF) (Entered: 01/30/2017)
2017-01-3013DECLARATION in Support of Plaintiff's Opposition to Defendant's Motion to Dismiss and Plaintiff's Motion for Partial Summary Judgment 8 by Kaleb Lee Basey. (JLH, COURT STAFF) (Entered: 01/30/2017)
2017-01-3014RESPONSE to Motion (Non-Opposition) re 12 MOTION for Leave to File Supplemental Brief filed by Department of Justice, Department of the Army. (Fonstad, John) (Entered: 01/30/2017)
2017-02-0715PLAINTIFF'S OPPOSITION OF DEFENDANT'S MOTION FOR AN ORDER PRESERVING FOIA EXEMPTION CLAIMS 10 filed by Kaleb Lee Basey. (Attachments: # 1 Proposed Order)(JLH, COURT STAFF) (Entered: 02/07/2017)
2017-02-1316REPLY to Response to Motion re 5 MOTION to Dismiss all Claims Against the Civil Investigative Command and 5th Squadron, 1st Cavalry Regiment as Moot and Opposition to Plaintiff's Motion for Partial Summary Judgment filed by Department of the Army. (Fonstad, John) (Entered: 02/13/2017)
2017-02-1417REPLY to Response to Motion re 10 MOTION for an Order Preserving FOIA Exemption Claims by the Federal Bureau of Investigation filed by Department of Justice. (Fonstad, John) (Entered: 02/14/2017)
2017-02-2418Plaintiff's Reply in Support of Motion for Partial Summary Judgment re 5 filed by Kaleb Lee Basey. (LMH, COURT STAFF) (Entered: 02/27/2017)
2017-09-0519ORDER: Motion to Dismiss at 5 is DENIED; Motion for Summary Judgment at 8 is GRANTED; Motion for Ability to Move for Summary Judgment at 10 is DENIED; Motion for Leave to File Supplemental Brief at 12 is DENIED AS MOOT. The DOA, CID, and 5-1 Cav shall file an answer to Basey's Complaint within (10) ten days of this order. Signed by Judge Timothy M. Burgess on 9/5/2017. (JDS, CHAMBERS STAFF) (Entered: 09/05/2017)
2017-09-0620MOTION for Reconsideration re 19 Order on Motion to Dismiss,, Order on Motion for Miscellaneous Relief,, Order on Motion for Leave to File, by Department of the Army. (Attachments: # 1 Proposed Order)(Fonstad, John) (Entered: 09/06/2017)
2017-09-1521ANSWER to 1 Complaint, by Department of the Army.(Fonstad, John) (Entered: 09/15/2017)
2017-09-2122Plaintiff's MOTION to Compel Production of Vaughn Indices by Kaleb Lee Basey. (Attachments: # 1 Proposed Order)(LMH, COURT STAFF) (Entered: 09/22/2017)
2017-10-0523RESPONSE in Opposition re 22 MOTION to Compel filed by Department of Justice. (Fonstad, John) (Entered: 10/05/2017)
2017-10-0524RESPONSE in Opposition re 22 MOTION to Compel (Joinder to Opposition at Dkt 23) filed by Department of the Army. (Fonstad, John) (Entered: 10/05/2017)
2017-10-1325Plaintiff's Reply in Support of Motion to Compel Production of Vaughn Indices re 22 MOTION to Compel filed by Kaleb Lee Basey. (LMH, COURT STAFF) (Main Document 25 replaced on 10/24/2017) (CLW, COURT STAFF). (Entered: 10/19/2017)
2017-12-0526MOTION for Summary Judgment on all Claims Against the Criminal Investigation Division Command and 5th Squadron, 1st Calavry Regiment by Department of the Army. (Attachments: # 1 Exhibit A CM-ECF District of Alaska Version 6_1 LIVE DB_pl, # 2 Exhibit B 4-16-cv-4 Complaint, # 3 Exhibit C BASEY RESPONSE CID 3 JAN 17, # 4 Exhibit D Declaration of Erin Chidester 28SEP17, # 5 Exhibit E Chidester Decl Ex A - 6 Jan Response to Basey, # 6 Exhibit F Chidester Decl Ex B - Cover Letter to Basey 28SEP17 Ex B, # 7 Exhibit G Chidester Decl Ex C - FINAL Basey v. US - CID Vaughn Index, # 8 Exhibit H Declaration of SSG Joseph ISO MSJ v5 FINAL, # 9 Exhibit I Declaration of MAJ Krohn, # 10 Exhibit J Declaration of MAJ Zent ISO MSJ FINAL, # 11 Exhibit K USARAK G1 FOIA Vaughn Index for SPC Basey v4)(Fonstad, John) (Entered: 12/05/2017)
2017-12-0527MOTION for Summary Judgment on all Claims Against the FBI by Department of Justice. (Attachments: # 1 Exhibit A CM-ECF District of Alaska Version 6_1 LIVE DB_pl, # 2 Exhibit B 4-16-cv-4 Complaint, # 3 Exhibit C Declaration Hardy, # 4 Exhibit D Hardy Dec Ex A, # 5 Exhibit E Hardy Dec Ex B, # 6 Exhibit F Hardy Dec Ex C, # 7 Exhibit G Hardy Dec Ex D, # 8 Exhibit H Hardy Dec Ex E, # 9 Exhibit I Hardy Dec Ex F, # 10 Exhibit J Hardy Dec Ex G, # 11 Exhibit K Hardy Dec Ex H, # 12 Exhibit L Hardy Dec Ex I, # 13 Exhibit M Hardy Dec Ex J, # 14 Exhibit N Hardy Dec Ex K)(Fonstad, John) (Entered: 12/05/2017)
2017-12-1328STRICKEN - ORDER denying 20 Motion for Reconsideration ; denying without prejudice 22 Motion to Compel. dispositive motions due by 3/16/18. response due by def within 45 days. Signed by Judge Timothy M. Burgess on 12/13/17. (RMC, COURT STAFF) Modified on 12/13/2017 to indicate stricken per Chambers.(RMC, COURT STAFF). (Entered: 12/13/2017)
2017-12-13Docket Annotation: The parties are advised the Order at docket 28 has been stricken from this Court's server and is no longer available. (RMC, COURT STAFF) (Entered: 12/13/2017)
2017-12-1429SUPPLEMENT by Department of Justice, Department of the Army 27 MOTION for Summary Judgment on all Claims Against the FBI filed by Department of Justice, 26 MOTION for Summary Judgment on all Claims Against the Criminal Investigation Division Command and 5th Squadron, 1st Calavry Regiment filed by Department of the Army. (Attachments: # 1 Exhibit A Jury Verdicts)(Fonstad, John) (Entered: 12/14/2017)
2017-12-1830Plaintiff's Motion for Partial Dismissal Against Army Defendants and for Filing Fees by Kaleb Lee Basey. (Attachments: # 1 Proposed Order)(LMH, COURT STAFF) (Entered: 12/19/2017)
2017-12-2631RESPONSE in Opposition of FBI's Motion for Summary Judgment 27 filed by Kaleb Lee Basey. (JLH, COURT STAFF) (Entered: 12/26/2017)
2018-01-0232RESPONSE in Opposition re 30 MOTION to Dismiss (Partial) filed by Department of the Army. (Fonstad, John) (Entered: 01/02/2018)
2018-01-0933REPLY to Response to Motion re 27 MOTION for Summary Judgment on all Claims Against the FBI filed by Department of Justice. (Attachments: # 1 Exhibit A- Seidel Suppl. Decl.)(Fonstad, John) (Entered: 01/09/2018)
2018-01-1034Plaintiff's Reply to Army's Opposition at Docket 32 by Kaleb Lee Basey re 32 Response in Opposition to Motion. (LMH, COURT STAFF) (Entered: 01/10/2018)
2018-02-0835Plaintiff's Motion for Summary Judgment Against FBI by Kaleb Lee Basey.(LMH, COURT STAFF) (Entered: 02/08/2018)
2018-02-2236MOTION to Strike 35 MOTION for Summary Judgment Because it is an Impermissible Sur-Reply by Department of Justice. (Attachments: # 1 Proposed Order)(Fonstad, John) (Entered: 02/22/2018)
2018-03-0537Plaintiff's Opposition to FBI's Motion to Strike re 36 MOTION to Strike 35 MOTION for Summary Judgment Because it is an Impermissible Sur-Reply filed by Kaleb Lee Basey. (LMH, COURT STAFF) (Entered: 03/05/2018)
2018-03-1238REPLY to Response to Motion re 36 MOTION to Strike 35 MOTION for Summary Judgment Because it is an Impermissible Sur-Reply filed by Department of Justice. (Fonstad, John) (Entered: 03/12/2018)
2018-05-1439ORDER: denying 20 Motion for Reconsideration; denying as moot 22 Motion to Compel; granting 26 Motion for Summary Judgment; granting 27 Motion for Summary Judgment; denying in part and denying in part as moot 30 Motion to Dismiss; denying in part and denying in part as moot 35 Motion for Summary Judgment; denying 36 Motion to Strike. Signed by Judge Timothy M. Burgess on 5/14/2018. (JDS, CHAMBERS STAFF) (Entered: 05/14/2018)
2018-06-1240JUDGMENT case is dismissed on the merits. Signed by Judge Timothy M. Burgess on 6/12/18. (RMC, COURT STAFF) (Entered: 06/12/2018)
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by FOIA Project Staff
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