Bolze v. Commodity Futures Trading Commission

MOTION for Summary Judgment

E.D. Tenn.October 21, 2016

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TENNESSEE AT KNOXVILLE DENNIS R. BOLZE, Plaintiff, v. COMMODITY FUTURES TRADING COMMISSION, Defendant. ) ) ) ) ) ) ) ) ) ) Civil Action No.: 3:14-CV-24 (Collier/Steger) MOTION FOR SUMMARY JUDGMENT Defendant, the Commodity Futures Trading Commission (“the CFTC”), by and through Nancy Stallard Harr, United States Attorney for the Eastern District of Tennessee, pursuant to Rule 56 of the Federal Rules of Civil Procedure, hereby moves the Court for an Order dismissing this action and all claims asserted in this action with prejudice. The CFTC avers that there are no genuine issues of material fact and that it is entitled to summary judgment as a matter of law. In support of this motion, the CFTC states the following: 1. The only relief requested in this action is based on Plaintiff’s third Freedom of Information Act (“FOIA”) request. Redacted copies of the four responsive pages identified pursuant to that request have since been produced. Therefore, Plaintiff’s claims based on the third FOIA request are moot and should be dismissed. Since the relief sought by Plaintiff in this entire action is based on the third FOIA request, the entire action should be dismissed with prejudice. Case 3:14-cv-00024-CLC-CHS Document 31 Filed 10/21/16 Page 1 of 3 PageID #: 330 2 2. The claims based on the first FOIA request should also be dismissed independently because Plaintiff did not appeal the CFTC’s decision to close that request, and therefore, Plaintiff did not exhaust his administrative remedies regarding that request. 3. The claims based on the second FOIA request should also be dismissed independently because the CFTC’s search related to that request was reasonable. In further support of this motion, the CFTC is contemporaneously filing and relying on a Memorandum of Law, the declaration of Joan E. Fina, which is attached hereto as Exhibit 1, the declaration of Kenny L. Saffles and the exhibits to the declaration, all of which are attached hereto as Exhibit 2, and the record as a whole. The CFTC respectfully requests that the Court grant this motion and enter an order for summary judgment in favor of the CFTC and dismissing Plaintiff’s action against the CFTC with full prejudice. The CFTC also requests any additional relief that it is entitled to and that the Court deems just and appropriate. Respectfully submitted, NANCY STALLARD HARR United States Attorney By: s/ Kenny L. Saffles Kenny L. Saffles (BPR #023870) Assistant United States Attorney 800 Market Street, Suite 211 Knoxville, Tennessee 37902 Kenny.Saffles@usdoj.gov (865) 545-4167 Case 3:14-cv-00024-CLC-CHS Document 31 Filed 10/21/16 Page 2 of 3 PageID #: 331 3 CERTIFICATE OF SERVICE I hereby certify that on October 21, 2016, a copy of the foregoing document was filed electronically. Pro Se Plaintiff Dennis R. Bolze, who is not a registered user under the Electronic Case Filing System, has been served with a copy of this document by depositing it in the mail with adequate postage thereon to: Dennis R. Bolze # 14825-067 Big Spring Federal Correctional Institution 1900 Simler Avenue Big Spring, TX 79720 s/ Kenny L. Saffles Kenny L. Saffles Assistant United States Attorney Case 3:14-cv-00024-CLC-CHS Document 31 Filed 10/21/16 Page 3 of 3 PageID #: 332 Case 3:14-cv-00024-CLC-CHS Document 31-1 Filed 10/21/16 Page 1 of 3 PageID #: 333 Case 3:14-cv-00024-CLC-CHS Document 31-1 Filed 10/21/16 Page 2 of 3 PageID #: 334 Case 3:14-cv-00024-CLC-CHS Document 31-1 Filed 10/21/16 Page 3 of 3 PageID #: 335 Case 3:14-cv-00024-CLC-CHS Document 31-2 Filed 10/21/16 Page 1 of 10 PageID #: 336 Case 3:14-cv-00024-CLC-CHS Document 31-2 Filed 10/21/16 Page 2 of 10 PageID #: 337 Case 3:14-cv-00024-CLC-CHS Document 31-2 Filed 10/21/16 Page 3 of 10 PageID #: 338 Case 3:14-cv-00024-CLC-CHS Document 31-2 Filed 10/21/16 Page 4 of 10 PageID #: 339 Case 3:14-cv-00024-CLC-CHS Document 31-2 Filed 10/21/16 Page 5 of 10 PageID #: 340 Case 3:14-cv-00024-CLC-CHS Document 31-2 Filed 10/21/16 Page 6 of 10 PageID #: 341 Case 3:14-cv-00024-CLC-CHS Document 31-2 Filed 10/21/16 Page 7 of 10 PageID #: 342 Case 3:14-cv-00024-CLC-CHS Document 31-2 Filed 10/21/16 Page 8 of 10 PageID #: 343 Case 3:14-cv-00024-CLC-CHS Document 31-2 Filed 10/21/16 Page 9 of 10 PageID #: 344 Case 3:14-cv-00024-CLC-CHS Document 31-2 Filed 10/21/16 Page 10 of 10 PageID #: 345