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Case TitleBERNSTEIN v. NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2022cv02319
Date Filed2022-08-05
Date ClosedOpen
JudgeJudge Dabney L. Friedrich
PlaintiffDANIEL J. BERNSTEIN
Case DescriptionDaniel Bernstein, a professor of computer science at the University of Chicago, submitted a FOIA request to the National Institute of Standards and Technology for records concerning the NIST Post-Quantum Cryptography Standardization Project. The agency acknowledged receipt of the request and told Bernstein that the request was too vague to search. After hearing nothing further from the agency, Bernstein filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Attorney's fees

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

2022-08-051COMPLAINT against NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY, U.S. DEPARTMENT OF COMMERCE ( Filing fee $ 402 receipt number ADCDC-9421907) filed by DANIEL J. BERNSTEIN. (Attachments: # 1 Exhibit Ex 1-4, # 2 Civil Cover Sheet, # 3 Summons)(Topic, Matthew) (Entered: 08/05/2022)
2022-08-052SEALED DOCUMENT filed by DANIEL J. BERNSTEIN(This document is SEALED and only available to authorized persons.)(Topic, Matthew) (Entered: 08/05/2022)
2022-08-053NOTICE of Appearance by Matthew Topic on behalf of DANIEL J. BERNSTEIN (Topic, Matthew) (Entered: 08/05/2022)
2022-08-054NOTICE of Appearance by Joshua Loevy on behalf of DANIEL J. BERNSTEIN (Loevy, Joshua) (Entered: 08/05/2022)
2022-08-08Case Assigned to Judge Dabney L. Friedrich. (zsb) (Entered: 08/08/2022)
2022-08-095SUMMONS (4) Issued Electronically as to All Defendants, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(zmrl) (Entered: 08/09/2022)
2022-08-156STANDARD ORDER for Civil Cases. See text for details. Signed by Judge Dabney L. Friedrich on August 15, 2022. (lcdlf2) (Entered: 08/15/2022)
2022-09-137NOTICE of Appearance by Bradley Silverman on behalf of All Defendants (Silverman, Bradley) (Entered: 09/13/2022)
2022-09-218ANSWER to Complaint by NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY, U.S. DEPARTMENT OF COMMERCE.(Silverman, Bradley) (Entered: 09/21/2022)
2022-09-21MINUTE ORDER requiring the parties to MEET AND CONFER and file a joint status report proposing a schedule for further proceedings. The status report should address the status of the plaintiff's FOIA request, including the anticipated number of documents responsive to the request and the anticipated date(s) for release of the requested documents. The parties shall file the joint status report on or before October 14, 2022. So Ordered by Judge Dabney L. Friedrich on September 21, 2022. (lcdlf3) (Entered: 09/21/2022)
2022-10-149Consent MOTION for Extension of Time to File Joint Status Report by NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY, U.S. DEPARTMENT OF COMMERCE. (Silverman, Bradley) (Entered: 10/14/2022)
2022-10-15MINUTE ORDER granting the defendants' 9 Consent Motion for Extension of Time. The parties shall file their joint status report on or before October 18, 2022. So Ordered by Judge Dabney L. Friedrich on October 15, 2022. (lcdlf3) (Entered: 10/15/2022)
2022-10-1810Joint STATUS REPORT by NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY, U.S. DEPARTMENT OF COMMERCE. (Silverman, Bradley) (Entered: 10/18/2022)
2022-10-18MINUTE ORDER. Upon consideration of the parties' 10 Joint Status Report, it is ORDERED that the parties shall file another joint status report on or before January 18, 2023. So Ordered by Judge Dabney L. Friedrich on October 18, 2022. (lcdlf3) (Entered: 10/18/2022)
2022-11-0311RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF COMMERCE served on 9/1/2022 (Loevy, Joshua) (Entered: 11/03/2022)
2022-11-0312RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY served on 8/19/2022 (Loevy, Joshua) (Entered: 11/03/2022)
2022-11-0313RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 8/22/2022. (Loevy, Joshua) (Entered: 11/03/2022)
2022-11-0314RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 8/22/2022. Answer due for ALL FEDERAL DEFENDANTS by 9/21/2022. (Loevy, Joshua) (Entered: 11/03/2022)
2023-01-1815Joint STATUS REPORT by NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY, U.S. DEPARTMENT OF COMMERCE. (Silverman, Bradley) (Entered: 01/18/2023)
2023-01-18MINUTE ORDER. Upon consideration of the parties' 15 Joint Status Report, it is ORDERED that the parties shall submit another joint status report on or before April 18, 2023. So ordered by Judge Dabney L. Friedrich on January 18, 2023. (lcdlf3) (Entered: 01/18/2023)
2023-01-18Set/Reset Deadlines: Joint Status Report due by 4/18/2023. (smc) (Entered: 01/18/2023)
2023-02-2116NOTICE of Appearance by Merrick Jason Wayne on behalf of DANIEL J. BERNSTEIN (Wayne, Merrick) (Entered: 02/21/2023)
2023-04-1817Joint STATUS REPORT by NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY, U.S. DEPARTMENT OF COMMERCE. (Silverman, Bradley) (Entered: 04/18/2023)
2023-04-19MINUTE ORDER. Upon consideration of the parties' 17 Joint Status Report, it is ORDERED that the parties shall file another joint status report on or before July 17, 2023. So Ordered by Judge Dabney L. Friedrich on April 19, 2023. (lcdlf3) (Entered: 04/19/2023)
2023-04-19Set/Reset Deadlines: Status Report due by 7/17/2023 (zjch, ) (Entered: 04/19/2023)
2023-07-1718Joint STATUS REPORT by DANIEL J. BERNSTEIN. (Wayne, Merrick) (Entered: 07/17/2023)
2023-07-18MINUTE ORDER. Upon consideration of the parties' 18 Joint Status Report, it is ORDERED that the parties shall file another joint status report on or before September 18, 2023. So Ordered by Judge Dabney L. Friedrich on July 18, 2023. (lcdlf3) (Entered: 07/18/2023)
2023-07-18Set/Reset Deadlines: Status Report due by 9/18/2023 (zjch, ) (Entered: 07/19/2023)
2023-09-1819Joint STATUS REPORT by NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY, U.S. DEPARTMENT OF COMMERCE. (Silverman, Bradley) (Entered: 09/18/2023)
2023-09-18MINUTE ORDER. Upon consideration of the parties' 19 Joint Status Report, it is ORDERED that the parties shall file another joint status report on or before November 17, 2023. So Ordered by Judge Dabney L. Friedrich on September 18, 2023. (lcdlf3) (Entered: 09/18/2023)
2023-09-18Set/Reset Deadlines: Joint Status Report due by 11/17/2023. (zsmc) (Entered: 09/18/2023)
2023-11-1720Joint STATUS REPORT by NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY, U.S. DEPARTMENT OF COMMERCE. (Silverman, Bradley) (Entered: 11/17/2023)
2023-11-17MINUTE ORDER. Upon consideration of the 20 Joint Status Report, the Court orders that on or before January 16, 2024, the parties shall file another joint status report. So Ordered by Judge Dabney L. Friedrich on November 17, 2023. (lcdlf3) (Entered: 11/17/2023)
2024-01-0521NOTICE OF RELATED CASE by All Defendants. Case related to Case No. 23-2938. (Silverman, Bradley) (Entered: 01/05/2024)
2024-01-08MINUTE ORDER. The government has informed the Court that an earlier filed case, Bernstein v. National Institute of Standards and Technology, No. 23-2938 (CKK), involves the same parties, seeks the same type of records, and likely involves common issues of law and fact such that this case should be deemed related under Local Rule 40.5; Gov't Notice of Related Case, Dkt. 21. Accordingly, the parties shall file, on or before January 17, 2024, briefs no more than 5 pages in length that address the related case issue. So ordered by Judge Dabney L. Friedrich on January 8, 2024. (lcdlf3) (Entered: 01/08/2024)
2024-01-08Set/Reset Deadlines: Status Report due by 1/17/2024 (zjch, ) (Entered: 01/11/2024)
2024-01-1622Joint STATUS REPORT by NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY, U.S. DEPARTMENT OF COMMERCE. (Silverman, Bradley) (Entered: 01/16/2024)
2024-01-1623RESPONSE TO ORDER OF THE COURT re Order,,, Set Deadlines,, filed by NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY, U.S. DEPARTMENT OF COMMERCE. (Silverman, Bradley) (Entered: 01/16/2024)
2024-01-17MINUTE ORDER. Upon consideration of the parties' 22 Joint Status Report, the Court orders that the parties shall file another joint status report on or before March 18, 2024. So ordered by Judge Dabney L. Friedrich on January 17, 2024. (lcdlf3) (Entered: 01/17/2024)
2024-01-17Set/Reset Deadlines: Status Report due by 3/18/2024 (zjch, ) (Entered: 01/19/2024)
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