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Case TitleKibbe v. United States
DistrictEastern District of Michigan
CityDetroit
Case Number2:2017cv12288
Date Filed2017-07-11
Date Closed2018-02-28
JudgeDistrict Judge Victoria A. Roberts
PlaintiffDean R. Kibbe
Case DescriptionDean Kibbe sued the U.S. government alleging violations of law pertaining to the Covert Action Program, which Kibbe indicated was run by the U.S. Marines, and "Crack and Splatter," a covert program run by the CIA. Kibbe does not appear to make any FOIA claim. This is not a FOIA case.
Complaint issues: FOIA not mentioned

DefendantUnited States
AppealSixth Circuit 18-1292
Documents
Docket
Complaint
Opinion/Order [17]
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
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2017-07-111COMPLAINT filed by Dean R. Kibbe against United States; Receipt No: 105467 - Fee: $ 400. (DPer) (Entered: 07/14/2017)
2017-07-112SUMMONS Issued for *United States* (General Robert B. Nellor, U.S. Marine Corps) (DPer) (Entered: 07/14/2017)
2017-07-113SUMMONS 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)
2017-07-194CERTIFICATE OF SERVICE by Dean R. Kibbe. (Ahmed, N) (Entered: 07/20/2017)
2017-08-015Notice Regarding Parties' Responsibility to Notify Court of Address Changes (KCas) (Entered: 08/01/2017)
2017-08-166Ex Parte MOTION for Extension of Time to File Answer re 1 Complaint by United States. (Toomey, Zak) (Entered: 08/16/2017)
2017-08-227RESPONSE 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)
2017-09-19TEXT-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)
2017-09-19TEXT-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)
2017-10-178ANSWER to Complaint with Affirmative Defenses by United States. (Toomey, Zak) (Entered: 10/17/2017)
2017-10-179MOTION 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)
2017-10-2010NOTICE of Telephone Conference on Pending Motion. (LVer) (Entered: 10/20/2017)
2017-10-20TEXT-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)
2017-10-2611Stipulated 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)
2017-10-26TEXT-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)
2017-11-2712MOTION for perpetual mandatory injunction, etc., by Dean R. Kibbe. (DPer) (Entered: 11/28/2017)
2017-12-0813RESPONSE to 12 MOTION for perpetual mandatory injunction, etc. filed by United States. (Toomey, Zak) (Entered: 12/08/2017)
2017-12-1414REPLY to Response re 12 MOTION for perpetual mandatory injunction, etc. filed by Dean R. Kibbe. (SSch) (Entered: 12/14/2017)
2018-01-0815RESPONSE to 9 Motion for summary judgment filed by Dean R. Kibbe. (DPer) (Entered: 01/09/2018)
2018-01-1616REPLY to Response re 9 MOTION for Summary Judgment filed by United States. (Toomey, Zak) (Entered: 01/16/2018)
2018-02-2817ORDER 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)
2018-02-28TEXT-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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by FOIA Project Staff
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