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Case TitleAMERICANS FOR PROSPERITY FOUNDATION v. U.S. DEPARTMENT OF COMMERCE et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2023cv01410
Date Filed2023-05-18
Date ClosedOpen
JudgeJudge Tanya S. Chutkan
PlaintiffAMERICANS FOR PROSPERITY FOUNDATION
Case DescriptionAmericans for Prosperity Foundation submitted two FOIA requests to the National Institute of Standards and Technology. AFPF's first request asked for communications concerning the spending of CHIPS funds and a list of keywords. AFPF also asked for a fee waiver. The agency acknowledged receipt of the request. AFPF's second request asked for records concerning communications that included CHIPS and a list of keywords. AFPF also requested a fee waiver. The agency acknowledged receipt of the request but after hearing nothing further from the agency concerning either request, AFPF filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantU.S. DEPARTMENT OF COMMERCE
DefendantNATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY
Documents
Docket
Complaint
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Complaint attachment 23
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2023-05-181COMPLAINT against All Defendants ( Filing fee $ 402 receipt number ADCDC-10076391) filed by AMERICANS FOR PROSPERITY FOUNDATION. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Civil Cover Sheet, # 20 Summons DOC, # 21 Summons NIST, # 22 Summons USAG, # 23 Summons USAO Civil Process Clerk)(Mulvey, Ryan) (Entered: 05/18/2023)
2023-05-182LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by AMERICANS FOR PROSPERITY FOUNDATION (Mulvey, Ryan) (Entered: 05/18/2023)
2023-05-18Case Assigned to Judge Tanya S. Chutkan. (zsl) (Entered: 05/18/2023)
2023-05-183SUMMONS (4) Issued Electronically as to NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY, U.S. DEPARTMENT OF COMMERCE, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(zsl) (Entered: 05/18/2023)
2023-05-194RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 5/18/2023. Answer due for ALL FEDERAL DEFENDANTS by 6/17/2023. (Mulvey, Ryan) (Entered: 05/19/2023)
2023-05-305RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF COMMERCE served on 5/19/2023 (Mulvey, Ryan) (Entered: 05/30/2023)
2023-05-306RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 05/22/23. (Mulvey, Ryan) (Entered: 05/30/2023)
2023-06-017NOTICE of Appearance by Lee A. Steven on behalf of AMERICANS FOR PROSPERITY FOUNDATION (Steven, Lee) (Entered: 06/01/2023)
2023-06-138Consent MOTION for Extension of Time to Respond to Complaint by NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY, U.S. DEPARTMENT OF COMMERCE. (Attachments: # 1 Text of Proposed Order)(Escher, Sam) (Entered: 06/13/2023)
2023-06-14MINUTE ORDER: Defendants' 8 Consent Motion for Extension of Time is hereby GRANTED. Defendants shall have until July 20, 2023, to respond to the Complaint. Signed by Judge Tanya S. Chutkan on 6/14/2023. (lcja) (Entered: 06/14/2023)
2023-06-14Set/Reset Deadlines: Defendants' Response to Complaint due by 7/20/2023. (zjd) (Entered: 06/14/2023)
2023-06-169RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY served on 6/13/2023 (Mulvey, Ryan) (Entered: 06/16/2023)
2023-07-2010ANSWER to Complaint by NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY, U.S. DEPARTMENT OF COMMERCE.(Escher, Sam) (Entered: 07/20/2023)
2023-08-31MINUTE ORDER: Before the Court in this FOIA case are a complaint and an answer. The requirements of LCvR 16.3 and Rule 26(f) of the Federal Rules of Civil Procedure appear to be inapplicable. IT IS HEREBY ORDERED that the parties shall meet and confer and propose a schedule for proceeding in this matter. The schedule shall address the status of Plaintiff's FOIA request, the anticipated number of documents responsive to Plaintiff's FOIA request, the anticipated date(s) for release of the documents requested by Plaintiff, whether a motion for an Open America stay is likely in this case, whether a Vaughn index will be required in this case, whether and when either party anticipates filing a dispositive motion, and any other pertinent issues. The parties shall file a joint status report that addresses these issues no later than October 1, 2023. The joint status report shall be accompanied by a proposed order. Signed by Judge Tanya S. Chutkan on 8/31/23. (lca) (Entered: 08/31/2023)
2023-08-31Set/Reset Deadlines: Joint Status Report due by 10/1/2023. (zed) (Entered: 08/31/2023)
2023-09-2911Joint STATUS REPORT by NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY, U.S. DEPARTMENT OF COMMERCE. (Attachments: # 1 Text of Proposed Order)(Escher, Sam) (Entered: 09/29/2023)
2023-10-04MINUTE ORDER: Upon consideration of the Joint Status Report 11 , the court hereby defers entry of a briefing schedule at this time and instead orders the parties to submit a joint status report updating the court on Defendants' response to Plaintiff's FOIA request by November 15, 2023. Signed by Judge Tanya S. Chutkan on 10/4/2023. (lca) (Entered: 10/04/2023)
2023-10-05Set/Reset Deadlines: Parties Joint Status Report due by 11/15/2023 (mac) (Entered: 10/05/2023)
2023-11-1512Joint STATUS REPORT by NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY, U.S. DEPARTMENT OF COMMERCE. (Escher, Sam) (Entered: 11/15/2023)
2023-11-16MINUTE ORDER: Upon consideration of the 12 Joint Status Report, the parties are hereby ORDERED to file a joint status report on or before January 17, 2024, and every 60 days thereafter, to inform the Court of the status of Plaintiff's FOIA requests. To the extent the parties propose a change in the status quo, the report shall be accompanied by a proposed order. Signed by Judge Tanya S. Chutkan on 11/16/2023. (lca) (Entered: 11/16/2023)
2023-11-16Set/Reset Deadlines: Joint Status Report due by 1/17/2024. (zed) (Entered: 11/16/2023)
2024-01-1713Joint STATUS REPORT by NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY, U.S. DEPARTMENT OF COMMERCE. (Escher, Sam) (Entered: 01/17/2024)
2024-02-1614Joint STATUS REPORT by NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY, U.S. DEPARTMENT OF COMMERCE. (Escher, Sam) (Entered: 02/16/2024)
2024-04-1615Joint STATUS REPORT by NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY, U.S. DEPARTMENT OF COMMERCE. (Escher, Sam) (Entered: 04/16/2024)
2024-04-2916Joint STATUS REPORT by AMERICANS FOR PROSPERITY FOUNDATION. (Mulvey, Ryan) (Entered: 04/29/2024)
2024-07-0117Joint STATUS REPORT by NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY, U.S. DEPARTMENT OF COMMERCE. (Escher, Sam) (Entered: 07/01/2024)
2024-09-0418Joint STATUS REPORT by NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY, U.S. DEPARTMENT OF COMMERCE. (Escher, Sam) (Entered: 09/04/2024)
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