Case Detail

FOIA Project Annotation: A federal court in Michigan has ruled that the Marine Corps conducted an adequate search for records pertaining to alleged spying activities during the Vietnam War to Dean Kibbe. Kibbe requested unit diaries from November-December 1968 for the Combined Action Program in Vietnam. Although the Marine Corps analyst found a nearly illegible copy of the records he was able to enhance them for disclosure. Kibbe argued that information was missing, but the court noted that "Kibbe provides no basis to support his assertion that information is missing from the documents produced, or that any information about daily activities exists. He has not demonstrated the existence of a genuine issue of fact concerning missing documents."
Issues: Adequacy - Search

Date Filed	Doc #	Docket Text
2017-07-11	1	COMPLAINT filed by Dean R. Kibbe against United States; Receipt No: 105467 - Fee: $ 400. (DPer) (Entered: 07/14/2017)
2017-07-11	2	SUMMONS Issued for *United States* (General Robert B. Nellor, U.S. Marine Corps) (DPer) (Entered: 07/14/2017)
2017-07-11	3	SUMMONS Issued for *United States* (Attachments: # 1 Document Continuation) (DPer)(issued for U.S. Attorney General and U.S. Attorney) Modified on 7/14/2017 (DPer). (Entered: 07/14/2017)
2017-07-19	4	CERTIFICATE OF SERVICE by Dean R. Kibbe. (Ahmed, N) (Entered: 07/20/2017)
2017-08-01	5	Notice Regarding Parties' Responsibility to Notify Court of Address Changes (KCas) (Entered: 08/01/2017)
2017-08-16	6	Ex Parte MOTION for Extension of Time to File Answer re 1 Complaint by United States. (Toomey, Zak) (Entered: 08/16/2017)
2017-08-22	7	RESPONSE to 6 Ex parte motion for extension of time to file answer re 1 Complaint filed by Dean R. Kibbe. (DPer) (Entered: 08/23/2017)
2017-09-19		TEXT-ONLY ORDER Granting Motion: 6 Ex Parte MOTION for Extension of Time to File Answer/Respond re 1 Complaint filed by United States..( Answer/Response due by 10/17/2017 ) Signed by District Judge Victoria A. Roberts. (CPin) (Entered: 09/19/2017)
2017-09-19		TEXT-ONLY CERTIFICATE OF SERVICE re Text-Only Order to Extend Time to Answer/Respond to Complaint on Dean R. Kibbe at 1223 Union Street, Port Huron MI 48060. (CPin) (Entered: 09/19/2017)
2017-10-17	8	ANSWER to Complaint with Affirmative Defenses by United States. (Toomey, Zak) (Entered: 10/17/2017)
2017-10-17	9	MOTION for Summary Judgment by United States. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1. E-Mail Correspondence with Plaintiff Dean Kibbe, # 3 Exhibit 2. Plaintiffs Second FOIA Request, # 4 Exhibit 3. Declaration of Michael L. Peters, FOIA Analyst, U.S. Marine Corps) (Toomey, Zak) (Entered: 10/17/2017)
2017-10-20	10	NOTICE of Telephone Conference on Pending Motion. (LVer) (Entered: 10/20/2017)
2017-10-20		TEXT-ONLY CERTIFICATE OF SERVICE re 10 Notice (Other) on Dean R. Kibbe at 1223 Union Street, Port Huron, MI 48060. (LVer) (Entered: 10/20/2017)
2017-10-26	11	Stipulated Order for Extension of Time to Respond to Defendant's Motion for Summary Judgment. Plaintiff's response due by: 1/17/18. Signed by District Judge Victoria A. Roberts. (LVer) (Entered: 10/26/2017)
2017-10-26		TEXT-ONLY CERTIFICATE OF SERVICE re 11 Stipulation and Order on Dean R. Kibbe at 1223 Union Street, Port Huron, MI 48060. (LVer) (Entered: 10/26/2017)
2017-11-27	12	MOTION for perpetual mandatory injunction, etc., by Dean R. Kibbe. (DPer) (Entered: 11/28/2017)
2017-12-08	13	RESPONSE to 12 MOTION for perpetual mandatory injunction, etc. filed by United States. (Toomey, Zak) (Entered: 12/08/2017)
2017-12-14	14	REPLY to Response re 12 MOTION for perpetual mandatory injunction, etc. filed by Dean R. Kibbe. (SSch) (Entered: 12/14/2017)
2018-01-08	15	RESPONSE to 9 Motion for summary judgment filed by Dean R. Kibbe. (DPer) (Entered: 01/09/2018)
2018-01-16	16	REPLY to Response re 9 MOTION for Summary Judgment filed by United States. (Toomey, Zak) (Entered: 01/16/2018)
2018-02-28	17	ORDER granting 9 Motion for Summary Judgment; finding as moot 12 Motion for Perpetual Mandatory Injunction. Signed by District Judge Victoria A. Roberts. (CPin) (Entered: 02/28/2018)
2018-02-28		TEXT-ONLY CERTIFICATE OF SERVICE re 17 Order on Motion for Summary Judgment, Order on Motion - Free on Dean R. Kibbe at 1223 Union Street, Port Huron MI 48060. (CPin) (Entered: 02/28/2018)
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