Case Detail

FOIA Project Annotation: Judge Ketanji Brown-Jackson has ruled that the Bureau of Indian Affairs properly responded to a request from Sean Kovalevich, who was incarcerated in a North Dakota prison after being convicted of crimes that were investigated by the Turtle Mountain Law Enforcement Agency. The agency located 85 documents and told Kovalevich that it would assess him $215 in search fees. Kovalevich filed an administrative appeal, but the agency told him it closed his request because he had not agreed to pay fees. His criminal defense attorney volunteered to pay the fee himself, but the agency apparently told his attorney that Kovalevich now had to file a new request because his original request had been closed. Kovalevich then filed suit. In response to his suit, the agency disclosed all the records without charging fees. Although Kovalevich agreed that the agency's document production was appropriate, he continued to argue that the fee assessment was improper. Brown-Jackson found that the agency's search and its exemption claims were sufficient. She also found that Kovalevich's fee challenge was moot. She pointed out that "at the time Kovalevich filed the instant lawsuit, the Bureau had not yet produced any responsive records, but it had expressed an intent to assess fees for Kovalevich's request. Then, during the pendency of the litigation, the Bureau released the responsive documents to Kovalevich �" and it did so free of charge. Kovalevich's challenges to the Bureau's previously stated intent to assess fees became moot once the agency produced the responsive records 'without seeking payment from him.'" She observed that "to the extent that Kovalevich seeks an order declaring that the Bureau is not permitted to charge him any search fees in the future, the Court also lacks jurisdiction to proceed, on the grounds that Kovalevich does not have standing to pursue that request." She added that "Kovalevich has not provided this Court with any reason to believe that the Bureau will assess search fees in connection with the FOIA request that it has already processed. . .and therefore, Kovalevich has failed to establish any concrete, imminent injury that would give him standing to pursue his requested relief."
Issues: Litigation - Jurisdiction - Moot

Date Filed	Doc #	Docket Text
2018-07-13		Initiating Pleading & IFP Application Received on 7/13/18. A copy of the docket sheet has been mailed to the address of record for the pro se party. (zsth) (Entered: 07/17/2018)
2018-07-13	1	COMPLAINT against UNITED STATES DEPARTMENT OF JUSTICE EXECUTIVE OFFICE FOR UNITED STATES ATTORNEYS filed by SEAN MICHAEL KOVALEVICH. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6)(zsth) (Entered: 07/17/2018)
2018-07-13	2	MOTION for Leave to Proceed in forma pauperis by SEAN MICHAEL KOVALEVICH (Attachments: # 1 Supplement)(zsth) (Entered: 07/17/2018)
2018-07-13	3	PRISONER TRUST FUND ACCOUNT STATEMENT for period of six months by SEAN MICHAEL KOVALEVICH (zsth) (Entered: 07/17/2018)
2018-08-02	4	ORDER directing an initial partial filing fee in the amount of $60.02 from Prison Account of SEAN MICHAEL KOVALEVICH and granting MOTION for Leave to Proceed In Forma Pauperis (see order for full details). Pro Se party has been notified by first class mail. Signed by Judge Rudolph Contreras on 07/31/2018. (zsb) (Entered: 08/07/2018)
2018-08-02		Case Assigned to Judge Ketanji Brown Jackson. (zsb) (Entered: 08/07/2018)
2018-08-10	5	SUMMONS (3) Issued as to UNITED STATES DEPARTMENT OF JUSTICE EXECUTIVE OFFICE FOR UNITED STATES ATTORNEYS, U.S. Attorney and U.S. Attorney General (zsb) (Entered: 08/10/2018)
2018-09-10	6	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 9/10/2018. Answer due for ALL FEDERAL DEFENDANTS by 10/10/2018. (jf) (Entered: 09/12/2018)
2018-09-21	7	NOTICE of Appearance by Matthew Evan Kahn on behalf of UNITED STATES DEPARTMENT OF JUSTICE EXECUTIVE OFFICE FOR UNITED STATES ATTORNEYS (Kahn, Matthew) (Entered: 09/21/2018)
2018-10-04	8	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES DEPARTMENT OF JUSTICE EXECUTIVE OFFICE FOR UNITED STATES ATTORNEYS served on 10/2/2018, RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 10/02/2018., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 9/10/2018. ( Answer due for ALL FEDERAL DEFENDANTS by 10/10/2018.) (jf) (Entered: 10/05/2018)
2018-10-10	9	ANSWER to 1 Complaint, by UNITED STATES DEPARTMENT OF JUSTICE EXECUTIVE OFFICE FOR UNITED STATES ATTORNEYS.(Kahn, Matthew) (Entered: 10/10/2018)
2018-11-01		MINUTE ORDER: On October 10, 2018, Defendant filed an Answer and Defenses in response to this prisoner action brought under the Freedom of Information Act (FOIA). Subsection (b) of Local Civil Rule 16.3 exempts prisoner actions and FOIA actions from the requirements of that rule and Federal Rules of Civil Procedure 16(b) and 26(f). Therefore, an Answer does little to advance the proceedings. On or before November 20, 2018, Defendant shall either file a dispositive motion or propose a schedule to govern these proceedings to completion. SO ORDERED. Signed by Judge Ketanji Brown Jackson on 11/1/18. (ah) (Entered: 11/01/2018)
2018-11-01		Set/Reset Deadlines: Dispositive Motions due by 11/20/2018. (gdf) (Entered: 11/06/2018)
2018-11-13	10	MOTION for Summary Judgment by SEAN MICHAEL KOVALEVICH (jf) (Entered: 11/15/2018)
2018-11-20	11	STATUS REPORT AND PROPOSED BRIEFING SCHEDULE by UNITED STATES DEPARTMENT OF JUSTICE EXECUTIVE OFFICE FOR UNITED STATES ATTORNEYS. (Kahn, Matthew) (Entered: 11/20/2018)
2018-11-29	12	MOTION to Hold in Abeyance re 10 MOTION for Summary Judgment by UNITED STATES DEPARTMENT OF JUSTICE EXECUTIVE OFFICE FOR UNITED STATES ATTORNEYS (Kahn, Matthew) (Entered: 11/29/2018)
2018-12-07	13	ORDER denying 10 Plaintiff's Motion for Summary Judgment and 12 Defendant's Motion to Hold Plaintiff's Motion in Abeyance; setting briefing schedule (see document for details). Signed by Judge Ketanji Brown Jackson on 12/7/18.(ah) (Entered: 12/07/2018)
2018-12-07		Set/Reset Deadlines: Cross Motions due by 3/4/2019. Response to Cross Motions due by 3/22/2019. Reply to Cross Motions due by 4/8/2019. Summary Judgment motions due by 1/18/2019. Response to Motion for Summary Judgment due by 3/4/2019. Reply to Motion for Summary Judgment due by 3/22/2019. (gdf) (Entered: 12/10/2018)
2018-12-14	14	RESPONSE re 12 MOTION to Hold in Abeyance re 10 MOTION for Summary Judgment filed by SEAN MICHAEL KOVALEVICH. (Attachments: # 1 Text of Proposed Order)(jf) (Entered: 12/18/2018)
2019-01-18	15	MOTION to Stay , MOTION for Extension of Time to in Light of Lapse of Appropriations by UNITED STATES DEPARTMENT OF JUSTICE EXECUTIVE OFFICE FOR UNITED STATES ATTORNEYS (Attachments: # 1 Text of Proposed Order)(Hudak, Brian) (Entered: 01/18/2019)
2019-01-22		MINUTE ORDER granting 15 Motion to Stay in light of lapse of appropriations. For good cause shown, it is hereby ORDERED that this case is STAYED. Counsel for Defendant shall notify the Court as soon as Congress has appropriated funds; at that point, the Court will enter an order resetting the applicable deadlines, which will be extended day-for-day with the duration of the lapse in appropriations. Signed by Judge Ketanji Brown Jackson on 1/22/2019. (lckbj1) (Entered: 01/22/2019)
2019-02-01	16	NOTICE of Restored Government Funding by UNITED STATES DEPARTMENT OF JUSTICE EXECUTIVE OFFICE FOR UNITED STATES ATTORNEYS (Kahn, Matthew) (Entered: 02/01/2019)
2019-02-07		MINUTE ORDER: In view of the Notice of Restored Government Funding, Defendant shall propose a revised briefing schedule on or before February 15, 2019. SO ORDERED. Signed by Judge Ketanji Brown Jackson on 2/7/19.(ah) (Entered: 02/07/2019)
2019-02-07		Set/Reset Deadlines: Briefing Schedule due by 2/15/2019. (gdf) (Entered: 02/07/2019)
2019-02-15	17	PROPOSED BRIEFING SCHEDULE re Order dated February 7, 2019 by UNITED STATES DEPARTMENT OF JUSTICE EXECUTIVE OFFICE FOR UNITED STATES ATTORNEYS. (Kahn, Matthew) (Entered: 02/15/2019)
2019-03-01	18	ORDER revising briefing schedule (see document for details). Signed by Judge Ketanji Brown Jackson on 3/1/19.(ah) (Entered: 03/01/2019)
2019-03-15	19	MOTION for Summary Judgment by UNITED STATES DEPARTMENT OF JUSTICE EXECUTIVE OFFICE FOR UNITED STATES ATTORNEYS (Attachments: # 1 Memorandum in Support, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Statement of Facts, # 5 Text of Proposed Order, # 6 Certificate of Service)(Kahn, Matthew) (Entered: 03/15/2019)
2019-03-15		NOTICE OF ERROR re 19 Motion for Summary Judgment; emailed to matthew.kahn@usdoj.gov, cc'd 1 associated attorneys -- The PDF file you docketed contained errors: 1. Two-part docket entry, 2. Please refile document, 3. Memorandum in support using the "OPPOSITION" event. Modified on 3/15/2019 (zjf). (Entered: 03/15/2019)
2019-03-18	20	ERRATA by UNITED STATES DEPARTMENT OF JUSTICE EXECUTIVE OFFICE FOR UNITED STATES ATTORNEYS 19 MOTION for Summary Judgment filed by UNITED STATES DEPARTMENT OF JUSTICE EXECUTIVE OFFICE FOR UNITED STATES ATTORNEYS. (Kahn, Matthew) (Entered: 03/18/2019)
2019-04-22	21	Memorandum in opposition to re 19 MOTION for Summary Judgment filed by SEAN MICHAEL KOVALEVICH. (jf) (Entered: 04/24/2019)
2019-04-22	22	Cross MOTION for Summary Judgment by SEAN MICHAEL KOVALEVICH (jf) (Entered: 04/24/2019)
2019-05-16	23	REPLY to opposition to motion re 19 MOTION for Summary Judgment filed by UNITED STATES DEPARTMENT OF JUSTICE EXECUTIVE OFFICE FOR UNITED STATES ATTORNEYS. (Kahn, Matthew) (Entered: 05/16/2019)
2019-05-16	24	Memorandum in opposition to re 22 MOTION for Summary Judgment filed by UNITED STATES DEPARTMENT OF JUSTICE EXECUTIVE OFFICE FOR UNITED STATES ATTORNEYS. (Kahn, Matthew) (Entered: 05/16/2019)
2019-09-16	25	MOTION for Judgment on the Pleadings by SEAN MICHAEL KOVALEVICH (jf) (Entered: 09/19/2019)
2019-09-27	26	NOTICE OF SUBSTITUTION OF COUNSEL by Johnny Hillary Walker, III on behalf of UNITED STATES DEPARTMENT OF JUSTICE EXECUTIVE OFFICE FOR UNITED STATES ATTORNEYS Substituting for attorney Matthew Kahn (Attachments: # 1 Certificate of Service)(Walker, Johnny) (Entered: 09/27/2019)
2021-08-16	27	MEMORANDUM OPINION dismissing complaint for lack of jurisdiction, denying Defendant's 19 Motion for Summary Judgment as moot, denying Plaintiff's 22 Cross-Motion for Summary Judgment, and permitting Plaintiff to file a motion for litigation costs. Any such motion for costs shall be filed on or before 9/6/21 and Defendant's response (if any) shall be filed on or before 9/27/21. Signed by Judge Ketanji Brown Jackson on 8/16/2021. (jag) (Entered: 08/16/2021)
2021-08-16	28	ORDER dismissing complaint for lack of jurisdiction, denying Defendant's 19 Motion for Summary Judgment as moot, denying Plaintiff's 22 Cross-Motion for Summary Judgment, and permitting Plaintiff to file a motion for litigation costs. Any such motion for costs shall be filed on or before 9/6/21 and Defendant's response (if any) shall be filed on or before 9/27/21. Signed by Judge Ketanji Brown Jackson on 8/16/2021. (jag) (Entered: 08/16/2021)
2021-08-16		MINUTE ORDER. The Court is in receipt of Plaintiff's 25 Motion for Judgment on the Pleadings, which asks this Court to "rule on the Summary Judgment motions now pending in this matter." (ECF No. 25 at 1.) In light of this Court's 27 Memorandum Opinion and 28 Order resolving the parties' cross-motions for summary judgment, it is hereby ORDERED that Plaintiff's Motion for Judgment on the Pleadings is DENIED as moot. Signed by Judge Ketanji Brown Jackson on 8/16/2021. (jag) (Entered: 08/16/2021)
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