Kriemelmeyer v. Dep't of State, No. 18-148, 2018 WL 5885537 (W.D. Wis. Nov. 9, 2018) (Crabb, J.)
Re: Request for certain qualification and contact information for several government officials
Disposition: Denying plaintiff's motions to compel; denying plaintiff's motion for costs; granting plaintiff's motion to dismiss defendant
- Litigation Considerations, Discovery: The court holds that "plaintiff's motion to compel discovery . . . will be denied." The court explains that "plaintiff's discovery requests do not relate to whether [defendant] took adequate steps to respond to his requests." "Rather, plaintiff is seeking essentially the same information he sought in his Freedom of Information Act request." "He wants [defendant] to create a certified statement that would provide the information he seeks." "[The court] conclude[s] that discovery is not appropriate under these circumstances, because '[d]isclosure of the documents is the ultimate relief that petitioner is seeking, not the subject of a discovery dispute.'" Similarly, the court finds that "Plaintiff cannot litigate his Freedom of Information Act claim through a motion to compel."
- Litigation Considerations, Mootness and Other Grounds for Dismissal: The court will "dismiss [one defendant] from this lawsuit because it is clear from the parties' assertions that plaintiff's claim against [that defendant] is moot."
- Attorney Fees: The court holds that "[defendant] released the requested information to plaintiff as soon as he became aware of the request." "The court did not order the release and the agency was not compelled to act by this lawsuit." "Although the lawsuit gave [defendant] notice of plaintiff's outstanding request, plaintiff could have provided the same notice without litigation, by either making a phone call or sending a letter."