Case Detail

FOIA Project Annotation: A federal court in North Dakota has ruled that Riley Kuntz's FOIA litigation is moot because he had already received a copy of a Memorandum of Understanding between the Department of Justice and the State of North Dakota from the state before requesting it from the agency. But the court rejected DOJ's alternate argument that the MOU was already publicly available on the Internet. Rejecting that claim, the court noted that "there is no indication that Kuntz knew for sure there was an agreement at the time he made his request, much less that he knew its name so that he could have conducted the precise internet search DOJ now suggests could have been conducted."
Issues: Litigation - Jurisdiction - Moot

Date Filed	Doc #	Docket Text
2017-10-17	1	COMPLAINT against U.S. Department of Justice (Filing fee $400, receipt number 118000078) filed by Riley S. Kuntz. (Attachments: # 1 Civil Cover Sheet, # 2 Mailing Envelope)(cd) (Entered: 10/17/2017)
2017-10-17	2	Summons Issued as to U.S. Department of Justice, U.S. Attorney and U.S. Attorney General. (cd) (Entered: 10/17/2017)
2017-10-17	3	NOTICE of Direct Assignment as to Riley S. Kuntz. Consent/Reassignment Form due by 10/31/2017. (cd) (Entered: 10/17/2017)
2017-10-23	4	CONSENT/REASSIGNMENT FORM by Riley S. Kuntz. (Attachments: # 1 Mailing Envelope)(rh) (Entered: 10/23/2017)
2017-11-15	5	MOTION for Extension of Time to File Answer re 1 Complaint by U.S. Department of Justice. (Iversen, Tara) (Entered: 11/15/2017)
2017-11-15	6	CONSENT/REASSIGNMENT FORM by U.S. Department of Justice. (cjs) Distributed on 11/15/2017 (cjs). (Entered: 11/15/2017)
2017-11-16	7	ORDER by Magistrate Judge Charles S. Miller, Jr granting 5 Motion for Extension of Time to Answer. U.S. Department of Justice answer due by 12/20/2017. (ZE) Distributed on 11/16/2017. (rh) (Entered: 11/16/2017)
2017-12-19	8	SUMMONS Returned Executed as to U.S. Department of Justice (Attachments: # 1 Mailing Envelope)(cjs) (Entered: 12/19/2017)
2017-12-19	9	MOTION to Dismiss for Lack of Jurisdiction by U.S. Department of Justice. (Iversen, Tara) (Entered: 12/19/2017)
2017-12-19	10	MEMORANDUM in Support re 9 MOTION to Dismiss for Lack of Jurisdiction filed by U.S. Department of Justice. (Attachments: # 1 Exhibit 1: Iversen-Kuntz Email Chain, # 2 Attachment A to Exhibit 1: Memorandum of Understanding between the FBI, Criminal Justice Information Services Division and the North Dakota Attorney General, Bureau of Criminal Investigation: Concerning the Search of Probe Photos Against the North Dakota Attorney General of Criminal Investigation Photo Repository)(Iversen, Tara) Modified on 12/20/2017 to clarify docket text(cjs). (Entered: 12/19/2017)
2017-12-27	11	RESPONSE to Motion re 9 MOTION to Dismiss for Lack of Jurisdiction filed by Riley S. Kuntz. (Attachments: # 1 Declaration of Riley S. Kuntz, # 2 Mailing Envelope)(cd) (Entered: 12/27/2017)
2018-01-08	12	REPLY to Response to Motion re 9 MOTION to Dismiss for Lack of Jurisdiction filed by U.S. Department of Justice. (Attachments: # 1 Exhibit 1: Sagsveen Letter to Kuntz)(Iversen, Tara) (Entered: 01/08/2018)
2018-01-29	13	MOTION for Summary Judgment by Riley S. Kuntz. (Attachments: # 1 Mailing Envelope)(cd) (Entered: 01/29/2018)
2018-02-16	14	RESPONSE to Motion re 13 MOTION for Summary Judgment filed by U.S. Department of Justice. (Iversen, Tara) (Entered: 02/16/2018)
2018-03-30	15	Letter from Riley Kuntz (Attachments: # 1 Response Sent by Clerk's Office) (kmk) (Entered: 03/30/2018)
2018-07-11	16	ORDER by Magistrate Judge Charles S. Miller, Jr. granting 9 Motion to Dismiss for Lack of Jurisdiction; denying 13 Motion for Summary Judgment. (BG) Distributed on 7/11/2018 (cjs). (Entered: 07/11/2018)
2018-07-11	17	CLERK'S JUDGMENT in favor of U.S. Department of Justice against Riley S. Kuntz.(cjs) Distributed on 7/11/2018 (cjs). (Entered: 07/11/2018)
Hide Docket Events