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Case TitleBERNSTEIN v. NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2023cv02938
Date Filed2023-10-03
Date ClosedOpen
JudgeJudge Colleen Kollar-Kotelly
PlaintiffDANIEL J. BERNSTEIN
Case DescriptionDaniel Bernstein, a professor of computer science at the University of Illinois at Chicago, submitted a FOIA request to the National Institute of Standards for records concerning the NIST Post-Quantum Cryptography Standardization Project. The agency acknowledged receipt of the request. After hearing nothing further from the agency, Bernstein filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees, Adequacy - Search

DefendantNATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY
DefendantU.S. DEPARTMENT OF COMMERCE
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2023-10-031COMPLAINT against NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY, U.S. DEPARTMENT OF COMMERCE ( Filing fee $ 402 receipt number ADCDC-10394655) filed by DANIEL J. BERNSTEIN. (Attachments: # 1 Exhibit 1-3, # 2 Civil Cover Sheet, # 3 Summons)(Topic, Matthew) (Entered: 10/03/2023)
2023-10-032NOTICE of Appearance by Matthew Topic on behalf of DANIEL J. BERNSTEIN (Topic, Matthew) (Entered: 10/03/2023)
2023-10-033SEALED DOCUMENT filed by DANIEL J. BERNSTEIN(This document is SEALED and only available to authorized persons.)(Topic, Matthew) (Entered: 10/03/2023)
2023-10-034NOTICE of Appearance by Merrick Jason Wayne on behalf of DANIEL J. BERNSTEIN (Wayne, Merrick) (Entered: 10/03/2023)
2023-10-04Case Assigned to Judge Colleen Kollar-Kotelly. (zsl) (Entered: 10/04/2023)
2023-10-045SUMMONS (4) Issued Electronically as to All Defendants, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(zsl) (Entered: 10/04/2023)
2023-10-316RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF COMMERCE served on 10/12/2023 (Topic, Matthew) (Entered: 10/31/2023)
2023-10-317RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 10/17/2023. (Topic, Matthew) (Entered: 10/31/2023)
2023-10-318RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 10/5/2023. Answer due for ALL FEDERAL DEFENDANTS by 11/4/2023. (Topic, Matthew) (Entered: 10/31/2023)
2023-11-019NOTICE of Appearance by Bradley Silverman on behalf of All Defendants (Silverman, Bradley) (Entered: 11/01/2023)
2023-11-0610ANSWER to Complaint by NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY, U.S. DEPARTMENT OF COMMERCE.(Silverman, Bradley) (Entered: 11/06/2023)
2023-11-0711ORDER directing parties to file joint status report on or before December 4, 2023 . Signed by Judge Colleen Kollar-Kotelly on November 6, 2023. (lcckk1) (Entered: 11/07/2023)
2023-11-07Set/Reset Deadlines: Joint Status Report due by 12/4/2023. (dot) (Entered: 11/08/2023)
2023-12-0412Joint STATUS REPORT by NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY, U.S. DEPARTMENT OF COMMERCE. (Silverman, Bradley) (Entered: 12/04/2023)
2023-12-0413NOTICE OF RELATED CASE by All Defendants. Case related to Case No. 22-2319. (Silverman, Bradley) (Entered: 12/04/2023)
2024-01-04MINUTE ORDER: The Court is in receipt of the parties' 12 Joint Status Report. Therein, Defendants explain that processing the records in this case will likely conclude by May 2024, with potential exceptions, and the initial production of records will likely occur that same month, with "rolling productions thereafter as consultations with other agencies complete." Accordingly, the Court ADOPTS the parties' suggestion in their 12 Joint Status Report. The parties shall file a joint status report on or before April 1, 2024 , and, if necessary, every sixty days thereafter. Signed by Judge Colleen Kollar-Kotelly on January 4, 2024. (lcckk1) (Entered: 01/04/2024)
2024-01-04Set/Reset Deadlines: Joint Status Report due by 4/1/2024, and, if necessary, every sixty days thereafter. (dot) (Entered: 01/04/2024)
2024-04-0114Joint STATUS REPORT by NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY, U.S. DEPARTMENT OF COMMERCE. (Silverman, Bradley) (Entered: 04/01/2024)
2024-04-01MINUTE ORDER: The Court is in receipt of the parties' 14 Joint Status Report. Therein, Defendant explains that it expects to complete the processing of Bernstein I by May 2024, with productions in this case beginning in late June 2024. As such, the parties propose filing another joint status report by July 31, 2024. The Court shall ADOPT the parties' suggestion. The parties shall file a joint status report on or before July 31, 2024 , and, if necessary, every sixty days thereafter. Signed by Judge Colleen Kollar-Kotelly on 4/1/2024. (lcckk1) (Entered: 04/01/2024)
2024-04-01Set/Reset Deadlines: Joint Status Report due by 7/31/2024, and, if necessary, every sixty days thereafter.(dot) (Entered: 04/01/2024)
2024-07-3115Joint STATUS REPORT by NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY, U.S. DEPARTMENT OF COMMERCE. (Silverman, Bradley) (Entered: 07/31/2024)
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by FOIA Project Staff
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