Case: National Veterans Legal Services Program v. United States

1:16-cv-00745 | U.S. District Court for the District of Columbia

Filed Date: April 21, 2016

Case Ongoing

Clearinghouse coding complete

Case Summary

This is a case challenging the fees required by the Administrative Office of the U.S. Courts (AO) to access records through its Public Access to Court Electronic Records system, also known as PACER. On April 1, 2016, three national nonprofit organizations that have downloaded public records from PACER filed this class action against the United States in the U.S. District Court for the District of Columbia, challenging these fees on the grounds that they greatly exceeded the costs associated wit…

This is a case challenging the fees required by the Administrative Office of the U.S. Courts (AO) to access records through its Public Access to Court Electronic Records system, also known as PACER. On April 1, 2016, three national nonprofit organizations that have downloaded public records from PACER filed this class action against the United States in the U.S. District Court for the District of Columbia, challenging these fees on the grounds that they greatly exceeded the costs associated with making the records publicly available. The plaintiffs sued under the Tucker Act alleging that the excessive fees constituted an illegal exaction in violation of the E-Government Act and sought compensatory damages. The case was assigned to Judge Ellen S. Huvelle. 

On May 2, 2016, the plaintiffs moved to certify a class of “[a]ll individuals and entities who have paid fees for the use of PACER within the past six years, excluding class counsel and agencies of the federal government.” The court certified the class, with only minor modifications to the class definition, on January 24, 2017.

The government moved to dismiss the case on June 27, 2016. The court on December 5, 2016, denied the government’s motion, reasoning that the terms and conditions of PACER––that users contest any billing errors––were not relevant here because the plaintiffs did not claim to have been subjected to billing errors. In the alternative, the court suggested that such a supposed “contractual condition” was not sufficiently stated as a conditional and that it did not constitute an administrative exhaustion requirement.

On August 28, 2017, the plaintiffs filed a motion for summary judgment as to the federal government’s liability and asked that the damages determination be reserved until after formal discovery. The defendants then filed a cross-motion for summary judgment on November 17, 2017. In her opinion on March 31, 2018, Judge Huvelle denied the plaintiffs’ motion for summary judgment and granted in part the federal government’s cross-motion. Reasoning that there was no statutory requirement that PACER only charge the marginal cost, the court found the plaintiffs’ arguments about excessive charges unavailing. The court further held that the AO’s use of fees to cover PACER maintenance and other systems for electronic data provision were within the E-Government Act’s ambit but that the use of fees to cover the costs of in-courtroom technology was impermissible. 

The parties then filed interlocutory cross-appeals challenging the district court’s interpretation of the statute. The U.S. Court of Appeals for the Federal Circuit on August 6, 2020, affirmed both the district court’s denial of the government’s motion to dismiss as well as its interpretation of the statute. As such, the appellate court remanded the case for further proceedings. 

The case was reassigned to Judge Paul L. Friedman on September 10, 2020. On December 23, 2020, the parties began mediation. On October 11, 2022, the parties reached a settlement agreement. The plaintiffs agreed to settle their claims in exchange for a common-fund payment by the defendants in the amount of $125,000,000. Under the agreed upon terms, each member of the class would be entitled to the lesser amount of $350 or whatever amount they paid in PACER fees. The parties have not yet submitted to the court a motion for an order approving the settlement. This case is ongoing. 

Summary Authors

Claire Butler (12/30/2022)

Documents in the Clearinghouse

Document
1

1:16-cv-00745

Complaint

April 21, 2016

April 21, 2016

Complaint
25

1:16-cv-00745

Memorandum Opinion

Dec. 5, 2016

Dec. 5, 2016

Order/Opinion
33

1:16-cv-00745

Memorandum Opinion

Jan. 24, 2017

Jan. 24, 2017

Order/Opinion
89

1:16-cv-00745

Memorandum Opinion

March 31, 2018

March 31, 2018

Order/Opinion

19-01081

United States Court of Appeals Opinion

U. S. Court of Appeals for the District of Columbia Circuit

Aug. 6, 2020

Aug. 6, 2020

Order/Opinion
141-1

1:16-cv-00745

Class Action Settlement Agreement

Oct. 11, 2022

Oct. 11, 2022

Settlement Agreement

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4214664/national-veterans-legal-services-program-v-united-states/

Last updated May 19, 2023, 3:01 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against All Defendants United States of America ( Filing fee $ 400 receipt number 0090-4495374) filed by NATIONAL VETERANS LEGAL SERVICES PROGRAM, ALLIANCE FOR JUSTICE, NATIONAL CONSUMER LAW CENTER. (Attachments: # 1 Civil Cover Sheet, # 2 Summons to United States Attorney General, # 3 Summons to U.S. Attorney for the District of Columbia)(Gupta, Deepak) (Entered: 04/21/2016)

1 Civil Cover Sheet

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2 Summons to United States Attorney General

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3 Summons to U.S. Attorney for the District of Columbia

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April 21, 2016

April 21, 2016

Clearinghouse
2

LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by ALLIANCE FOR JUSTICE, NATIONAL CONSUMER LAW CENTER, NATIONAL VETERANS LEGAL SERVICES PROGRAM (Gupta, Deepak) (Entered: 04/21/2016)

April 21, 2016

April 21, 2016

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Case Assigned to Judge Ellen S. Huvelle. (jd)

April 21, 2016

April 21, 2016

PACER
3

SUMMONS (2) Issued Electronically as to UNITED STATES OF AMERICA, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Consent Forms)(jd) (Entered: 04/22/2016)

1 Consent Forms

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April 22, 2016

April 22, 2016

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Case Assigned to Judge Ellen S. Huvelle. (jd)

April 22, 2016

April 22, 2016

PACER
4

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 4/26/2016. Answer due for ALL FEDERAL DEFENDANTS by 6/25/2016. (Gupta, Deepak) (Entered: 04/26/2016)

April 26, 2016

April 26, 2016

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5

NOTICE of Appearance by Elizabeth S. Smith on behalf of All Plaintiffs (Smith, Elizabeth) (Entered: 04/26/2016)

April 26, 2016

April 26, 2016

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6

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- William H. Narwold, :Firm- Motley Rice LLC, :Address- 20 Church Street, 17th Floor, Hartford, CT 06103. Phone No. - 860-882-1676. Fax No. - 860-882-1682 Filing fee $ 100, receipt number 0090-4500590. Fee Status: Fee Paid. by ALLIANCE FOR JUSTICE, NATIONAL CONSUMER LAW CENTER, NATIONAL VETERANS LEGAL SERVICES PROGRAM (Attachments: # 1 Declaration, # 2 Text of Proposed Order)(Smith, Elizabeth) (Entered: 04/26/2016)

1 Declaration

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2 Text of Proposed Order

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April 26, 2016

April 26, 2016

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MINUTE ORDER granting 6 Motion for Leave to Appear Pro Hac Vice: It is hereby ORDERED that the motion for leave to appear pro hac vice is GRANTED; and it is further ORDERED that William H. Narwold is admitted pro hac vice for the purpose of appearing in the above-captioned case. Signed by Judge Ellen S. Huvelle on April 26, 2016. (AG)

April 26, 2016

April 26, 2016

PACER
7

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 05/02/2016. (Gupta, Deepak) (Entered: 05/02/2016)

May 2, 2016

May 2, 2016

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8

MOTION to Certify Class by ALLIANCE FOR JUSTICE, NATIONAL CONSUMER LAW CENTER, NATIONAL VETERANS LEGAL SERVICES PROGRAM (Attachments: # 1 Declaration of Deepak Gupta, # 2 Declaration of William Narwold, # 3 Declaration of Jonathan Taylor, # 4 Text of Proposed Order)(Gupta, Deepak) (Entered: 05/02/2016)

1 Declaration of Deepak Gupta

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2 Declaration of William Narwold

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3 Declaration of Jonathan Taylor

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4 Text of Proposed Order

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May 2, 2016

May 2, 2016

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9

NOTICE of Appearance by William Mark Nebeker on behalf of UNITED STATES OF AMERICA (Nebeker, William) (Entered: 05/16/2016)

May 16, 2016

May 16, 2016

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10

Unopposed MOTION for Extension of Time to File Response/Reply as to 8 MOTION to Certify Class by UNITED STATES OF AMERICA (Attachments: # 1 Text of Proposed Order)(Nebeker, William) (Entered: 05/16/2016)

1 Text of Proposed Order

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May 16, 2016

May 16, 2016

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MINUTE ORDER: It is hereby ORDERED that defendant's unopposed 10 Motion for Extension of Time to File Response/Reply is GRANTED, and defendant's Response is due by July 11, 2016. Signed by Judge Ellen S. Huvelle on May 17, 2016. (lcesh2 )

May 17, 2016

May 17, 2016

PACER
11

MOTION to Dismiss Or, In The Alternative, MOTION for Summary Judgment by UNITED STATES OF AMERICA (Attachments: # 1 Exhibit (1 through 5), # 2 Text of Proposed Order)(Nebeker, William) (Entered: 06/27/2016)

1 Exhibit (1 through 5)

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2 Text of Proposed Order

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June 27, 2016

June 27, 2016

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12

Joint MOTION for Extension of Time to File Response/Reply as to 8 MOTION to Certify Class, 11 MOTION to Dismiss Or, In The Alternative MOTION for Summary Judgment by ALLIANCE FOR JUSTICE, NATIONAL CONSUMER LAW CENTER, NATIONAL VETERANS LEGAL SERVICES PROGRAM (Attachments: # 1 Text of Proposed Order)(Gupta, Deepak) (Entered: 07/08/2016)

1 Text of Proposed Order

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July 8, 2016

July 8, 2016

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MINUTE ORDER granting 12 Motion for Extension of Time to File Response re 8 MOTION to Certify Class and 11 MOTION to Dismiss: Upon consideration of the parties' joint motion to extend the briefing schedule, it is hereby ORDERED that the motion is GRANTED; it is FURTHER ORDERED that the time within which the defendant may file a memorandum of points and authorities in response to plaintiffs' motion for class certification is further extended though July 25, 2016, and no additional extensions shall be granted; and it isFURTHER ORDERED that the time within which the plaintiffs may file a memorandum of points and authorities in response to defendant's motion to dismiss is initially extended though July 29, 2016. Signed by Judge Ellen S. Huvelle on July 7, 2016. (AG)

July 8, 2016

July 8, 2016

PACER
13

Memorandum in opposition to re 8 MOTION to Certify Class filed by UNITED STATES OF AMERICA. (Attachments: # 1 Exhibit A, # 2 Declaration Garcia, # 3 Text of Proposed Order)(Nebeker, William) (Entered: 07/25/2016)

1 Exhibit A

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2 Declaration Garcia

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3 Text of Proposed Order

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July 25, 2016

July 25, 2016

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14

MOTION to Stay Discovery by UNITED STATES OF AMERICA (Attachments: # 1 Text of Proposed Order)(Nebeker, William) (Entered: 07/26/2016)

1 Text of Proposed Order

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July 26, 2016

July 26, 2016

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15

RESPONSE re 11 MOTION to Dismiss Or, In The Alternative MOTION for Summary Judgment filed by ALLIANCE FOR JUSTICE, NATIONAL CONSUMER LAW CENTER, NATIONAL VETERANS LEGAL SERVICES PROGRAM. (Attachments: # 1 Exhibit Govt's MTD in Fisher, # 2 Exhibit Complaint in NVLSP v. USA, # 3 Exhibit Complaint in Fisher)(Gupta, Deepak) (Entered: 07/29/2016)

1 Exhibit Govt's MTD in Fisher

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2 Exhibit Complaint in NVLSP v. USA

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3 Exhibit Complaint in Fisher

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July 29, 2016

July 29, 2016

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16

Unopposed MOTION for Extension of Time to File Response/Reply as to 11 MOTION to Dismiss Or, In The Alternative MOTION for Summary Judgment by UNITED STATES OF AMERICA (Attachments: # 1 Text of Proposed Order)(Nebeker, William) (Entered: 08/04/2016)

1 Text of Proposed Order

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Aug. 4, 2016

Aug. 4, 2016

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17

REPLY to opposition to motion re 8 MOTION to Certify Class filed by ALLIANCE FOR JUSTICE, NATIONAL CONSUMER LAW CENTER, NATIONAL VETERANS LEGAL SERVICES PROGRAM. (Gupta, Deepak) (Entered: 08/04/2016)

Aug. 4, 2016

Aug. 4, 2016

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MINUTE ORDER granting 16 Unopposed Motion for Extension of Time to File Reply re 11 MOTION to Dismiss Or, In The Alternative, MOTION for Summary Judgment : Upon consideration of the Unopposed Motion For An Enlargement Of Time, And Memorandum In Support Thereof, and for the reasons set forth in support thereof, it is hereby ORDERED that the motion is GRANTED; and it is FURTHER ORDERED that the time within which Defendant may file a reply to Plaintiffs' opposition to the pending Motion To Dismiss Or, In The Alternative, For Summary Judgment is enlarged up to and including August 16, 2016. Signed by Judge Ellen S. Huvelle on August 5, 2016. (AG)

Aug. 5, 2016

Aug. 5, 2016

PACER
18

Joint MOTION for Scheduling Order by ALLIANCE FOR JUSTICE, NATIONAL CONSUMER LAW CENTER, NATIONAL VETERANS LEGAL SERVICES PROGRAM (Attachments: # 1 Text of Proposed Order)(Narwold, William) (Entered: 08/09/2016)

1 Text of Proposed Order

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Aug. 9, 2016

Aug. 9, 2016

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19

SCHEDULING ORDER: The parties' 18 Joint Motion for Proposed Phased Schedule is hereby GRANTED. See Order for details. Signed by Judge Ellen S. Huvelle on August 16, 2016. (lcesh2) (Entered: 08/16/2016)

Aug. 16, 2016

Aug. 16, 2016

RECAP
20

REPLY to opposition to motion re 11 MOTION to Dismiss Or, In The Alternative MOTION for Summary Judgment filed by UNITED STATES OF AMERICA. (Attachments: # 1 Declaration Second Garcia)(Nebeker, William) (Entered: 08/16/2016)

1 Declaration Second Garcia

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Aug. 16, 2016

Aug. 16, 2016

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MINUTE ORDER: It is hereby ORDERED that the 18 Joint Motion for Scheduling Order is GRANTED. Signed by Judge Ellen S. Huvelle on August 16, 2016. (lcesh2)

Aug. 16, 2016

Aug. 16, 2016

PACER

MINUTE ORDER: It is hereby ORDERED that defendant's 14 Motion to Stay is DENIED as moot. Signed by Judge Ellen S. Huvelle on August 16, 2016. (lcesh2)

Aug. 16, 2016

Aug. 16, 2016

PACER
21

MOTION for Leave to File Sur-Reply by ALLIANCE FOR JUSTICE, NATIONAL CONSUMER LAW CENTER, NATIONAL VETERANS LEGAL SERVICES PROGRAM (Attachments: # 1 Exhibit Sur-Reply, # 2 Statement of Facts, # 3 Text of Proposed Order)(Gupta, Deepak) (Entered: 08/17/2016)

1 Exhibit Sur-Reply

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2 Statement of Facts

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3 Text of Proposed Order

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Aug. 17, 2016

Aug. 17, 2016

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22

RESPONSE re 21 MOTION for Leave to File Sur-Reply filed by UNITED STATES OF AMERICA. (Attachments: # 1 Text of Proposed Order)(Nebeker, William) (Entered: 08/17/2016)

1 Text of Proposed Order

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Aug. 17, 2016

Aug. 17, 2016

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23

NOTICE OF SUPPLEMENTAL AUTHORITY by ALLIANCE FOR JUSTICE, NATIONAL CONSUMER LAW CENTER, NATIONAL VETERANS LEGAL SERVICES PROGRAM (Attachments: # 1 Exhibit Opinion in Fisher v. United States)(Gupta, Deepak) (Entered: 10/01/2016)

1

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Oct. 1, 2016

Oct. 1, 2016

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24

ORDER denying 11 Defendant's Motion to Dismiss or, in the Alternative, Motion for Summary Judgment for the reasons stated in the accompanying Memorandum Opinion. Signed by Judge Ellen S. Huvelle on December 5, 2016. (lcesh2) (Entered: 12/05/2016)

Dec. 5, 2016

Dec. 5, 2016

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25

MEMORANDUM OPINION in support of 24 Order Denying 11 Defendant's Motion to Dismiss or, in the Alternative, Motion for Summary Judgment. Signed by Judge Ellen S. Huvelle on December 5, 2016. (lcesh2) (Entered: 12/05/2016)

Dec. 5, 2016

Dec. 5, 2016

Clearinghouse
26

SUPPLEMENTAL MEMORANDUM (Statement of Genuine Issues of Material Fact) to re 11 MOTION to Dismiss Or, In The Alternative MOTION for Summary Judgment filed by ALLIANCE FOR JUSTICE, NATIONAL CONSUMER LAW CENTER, NATIONAL VETERANS LEGAL SERVICES PROGRAM. (znmw) (Entered: 12/06/2016)

Dec. 5, 2016

Dec. 5, 2016

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MINUTE ORDER granting in part and denying in part 21 Plaintiffs' Motion for Leave to File Sur-Reply: It is hereby ORDERED that plaintiffs may file [21-2] Plaintiffs' Concise Statement of Genuine Issues of Material Fact, but plaintiffs may not file [21-1] Plaintiffs' Sur-Reply. A sur-reply is unnecessary because plaintiffs seek to reply to a statement that defendant originally presented in its motion to dismiss. Signed by Judge Ellen S. Huvelle on December 5, 2016. (lcesh2)

Dec. 5, 2016

Dec. 5, 2016

PACER

MINUTE ORDER Setting Hearing on Motion: It is hereby ORDERED that a motion hearing on 8 Plaintiffs' MOTION to Certify Class is set for 1/18/2017 at 02:30 PM in Courtroom 23A before Judge Ellen S. Huvelle. Signed by Judge Ellen S. Huvelle on December 15, 2016. (lcesh2)

Dec. 15, 2016

Dec. 15, 2016

PACER
27

ANSWER to Complaint by UNITED STATES OF AMERICA.(Nebeker, William) (Entered: 12/19/2016)

Dec. 19, 2016

Dec. 19, 2016

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Minute Entry for proceedings held before Judge Ellen S. Huvelle: Motion Hearing held on 1/18/2017, re 8 MOTION to Certify Class, heard and taken under advisement. (Court Reporter Scott Wallace) (gdf)

Jan. 18, 2017

Jan. 18, 2017

PACER
28

AFFIDAVIT re 8 MOTION to Certify Class of Daniel L. Goldberg by ALLIANCE FOR JUSTICE, NATIONAL CONSUMER LAW CENTER, NATIONAL VETERANS LEGAL SERVICES PROGRAM. (Gupta, Deepak) (Entered: 01/20/2017)

Jan. 20, 2017

Jan. 20, 2017

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29

AFFIDAVIT re 8 MOTION to Certify Class of Stuart Rossman by ALLIANCE FOR JUSTICE, NATIONAL CONSUMER LAW CENTER, NATIONAL VETERANS LEGAL SERVICES PROGRAM. (Gupta, Deepak) (Entered: 01/20/2017)

Jan. 20, 2017

Jan. 20, 2017

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30

AFFIDAVIT re 8 MOTION to Certify Class of Barton F. Stichman by ALLIANCE FOR JUSTICE, NATIONAL CONSUMER LAW CENTER, NATIONAL VETERANS LEGAL SERVICES PROGRAM. (Gupta, Deepak) (Entered: 01/20/2017)

Jan. 20, 2017

Jan. 20, 2017

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31

AFFIDAVIT re 8 MOTION to Certify Class of Deepak Gupta (Second) by ALLIANCE FOR JUSTICE, NATIONAL CONSUMER LAW CENTER, NATIONAL VETERANS LEGAL SERVICES PROGRAM. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(Gupta, Deepak) (Entered: 01/20/2017)

Jan. 20, 2017

Jan. 20, 2017

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32

ORDER granting 8 Plaintiffs' Motion to Certify Class for the reasons stated in the accompanying Memorandum Opinion. See Order for details. Signed by Judge Ellen S. Huvelle on January 24, 2017. (lcesh2) (Entered: 01/24/2017)

Jan. 24, 2017

Jan. 24, 2017

Clearinghouse
33

MEMORANDUM OPINION in support of 32 Order Granting 8 Plaintiffs' Motion to Certify Class. Signed by Judge Ellen S. Huvelle on January 24, 2017. (lcesh2) (Entered: 01/24/2017)

Jan. 24, 2017

Jan. 24, 2017

Clearinghouse
34

SCHEDULING ORDER: See Order for deadlines and details. Signed by Judge Ellen S. Huvelle on January 24, 2017. (lcesh2) (Entered: 01/24/2017)

Jan. 24, 2017

Jan. 24, 2017

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35

TRANSCRIPT OF PROCEEDINGS before Judge Ellen S. Huvelle held on 1-18-17; Page Numbers: (1-29). Date of Issuance:1-29-17. Court Reporter/Transcriber Scott Wallace, Telephone number 202-354-3196, Transcripts may be ordered by submitting the <a href="http://www.dcd.uscourts.gov/node/110">Transcript Order Form</a><P></P><P></P>For the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.<P>NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov.<P></P> Redaction Request due 3/7/2017. Redacted Transcript Deadline set for 3/17/2017. Release of Transcript Restriction set for 5/15/2017.(Wallace, Scott) (Entered: 02/14/2017)

Feb. 14, 2017

Feb. 14, 2017

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36

NOTICE of Appearance by Brian J. Field on behalf of All Defendants (Field, Brian) (Entered: 02/21/2017)

Feb. 21, 2017

Feb. 21, 2017

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37

Unopposed MOTION For Approval of Plan of Class Notice by ALLIANCE FOR JUSTICE, NATIONAL CONSUMER LAW CENTER, NATIONAL VETERANS LEGAL SERVICES PROGRAM (Attachments: # 1 Exhibit 1 - Email Notice, # 2 Exhibit 2 - Postcard Notice, # 3 Exhibit 2 - Website Notice, # 4 Text of Proposed Order)(Narwold, William) (Entered: 02/23/2017)

1 Exhibit 1 - Email Notice

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2 Exhibit 2 - Postcard Notice

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3 Exhibit 2 - Website Notice

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4 Text of Proposed Order

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Feb. 23, 2017

Feb. 23, 2017

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38

RESPONSE re 37 Unopposed MOTION For Approval of Plan of Class Notice filed by UNITED STATES OF AMERICA. (Nebeker, William) (Entered: 02/28/2017)

Feb. 28, 2017

Feb. 28, 2017

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39

NOTICE of Joint Filing of Proposed Order by ALLIANCE FOR JUSTICE, NATIONAL CONSUMER LAW CENTER, NATIONAL VETERANS LEGAL SERVICES PROGRAM re 37 Unopposed MOTION For Approval of Plan of Class Notice (Attachments: # 1 Text of Proposed Order)(Narwold, William) (Entered: 03/31/2017)

1 Text of Proposed Order

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March 31, 2017

March 31, 2017

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40

Consent MOTION for Protective Order by ALLIANCE FOR JUSTICE, NATIONAL CONSUMER LAW CENTER, NATIONAL VETERANS LEGAL SERVICES PROGRAM (Attachments: # 1 Text of Proposed Order)(Narwold, William) (Entered: 03/31/2017)

1 Text of Proposed Order

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March 31, 2017

March 31, 2017

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41

STIPULATED PROTECTIVE ORDER granting 40 Motion for Protective Order. Signed by Judge Ellen S. Huvelle on April 3, 2017. (lcesh2) (Entered: 04/03/2017)

April 3, 2017

April 3, 2017

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42

Unopposed MOTION for Approval of Revised Plan of Class Notice and Class Notice Documents by ALLIANCE FOR JUSTICE, NATIONAL CONSUMER LAW CENTER, NATIONAL VETERANS LEGAL SERVICES PROGRAM (Attachments: # 1 Exhibit 1 - Email Notice, # 2 Exhibit 1-A - BLACKLINE Email Notice, # 3 Exhibit 2 - Postcard Notice, # 4 Exhibit 2-A - BLACKLINE Postcard Notice, # 5 Exhibit 3 - Website Notice, # 6 Exhibit 3-A - BLACKLINE Website Notice, # 7 Exhibit 4 - Online Exclusion, # 8 Exhibit 5 - Printable Exclusion, # 9 Exhibit 6 - Proposed Order, # 10 Exhibit 6-A - BLACKLINE Proposed Order)(Narwold, William) (Entered: 04/13/2017)

1 Exhibit 1 - Email Notice

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2 Exhibit 1-A - BLACKLINE Email Notice

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3 Exhibit 2 - Postcard Notice

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4 Exhibit 2-A - BLACKLINE Postcard Notice

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5 Exhibit 3 - Website Notice

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6 Exhibit 3-A - BLACKLINE Website Notice

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7 Exhibit 4 - Online Exclusion

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8 Exhibit 5 - Printable Exclusion

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9 Exhibit 6 - Proposed Order

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10 Exhibit 6-A - BLACKLINE Proposed Order

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April 13, 2017

April 13, 2017

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43

NOTICE of Filing of Revised Notice Documents by ALLIANCE FOR JUSTICE, NATIONAL CONSUMER LAW CENTER, NATIONAL VETERANS LEGAL SERVICES PROGRAM (Attachments: # 1 Exhibit 1 Revised Email Notice, # 2 Exhibit 1A Revised and Blacklined Email Notice, # 3 Exhibit 2 Revised Postcard Notice, # 4 Exhibit 2A Revised and Blacklined Postcard Notice)(Narwold, William) (Entered: 04/14/2017)

1 Exhibit 1 Revised Email Notice

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2 Exhibit 1A Revised and Blacklined Email Notice

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3 Exhibit 2 Revised Postcard Notice

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4 Exhibit 2A Revised and Blacklined Postcard Notice

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April 14, 2017

April 14, 2017

PACER
44

ORDER granting 42 Plaintiffs' Unopposed Motion for Approval of Revised Plan of Class Notice and Class Notice Documents: See Order for details. Signed by Judge Ellen S. Huvelle on April 17, 2017. (lcesh2) (Entered: 04/17/2017)

April 17, 2017

April 17, 2017

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MINUTE ORDER finding as moot 37 Motion for Approval of Class Notice in light of approval of 42 Motion for Approval of Revised Class Notice. Signed by Judge Ellen S. Huvelle on April 17, 2017. (AG)

April 17, 2017

April 17, 2017

PACER
45

NOTICE to Exclude by ROSEMARIE HOWELL re 44 ORDER granting 42 Plaintiffs' Unopposed Motion for Approval of Revised Plan of Class Notice and Class Notice Documents (jf) (Entered: 05/24/2017)

May 22, 2017

May 22, 2017

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46

MOTION for Order for Exclusion by ROB RAWSON. "Let this be filed" signed by Judge Ellen Segal Huvelle on 06/09/2017 (jf) Modified event title on 6/16/2017 (znmw). (Entered: 06/15/2017)

June 15, 2017

June 15, 2017

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MINUTE ORDER: It is hereby ORDERED that the Clerk shall mail a copy of 46 NOTICE of and MOTION For An Order For Exclusion filed by ROB RAWSON to the PACER Fees Class Action Administrator, P.O. Box 43434, Providence, RI 02940-3434. Signed by Judge Ellen S. Huvelle on June 15, 2017. (lcesh2)

June 15, 2017

June 15, 2017

PACER
47

NOTICE of Change of Address by Deepak Gupta (Gupta, Deepak) (Entered: 07/05/2017)

July 5, 2017

July 5, 2017

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48

Unopposed MOTION for Extension of Time to File Motion for Summary Judgment by ALLIANCE FOR JUSTICE, NATIONAL CONSUMER LAW CENTER, NATIONAL VETERANS LEGAL SERVICES PROGRAM (Attachments: # 1 Text of Proposed Order)(Gupta, Deepak) (Entered: 07/05/2017)

1 Text of Proposed Order

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July 5, 2017

July 5, 2017

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MINUTE ORDER granting 48 Unopposed Motion for Extension of Time to File Motion for Summary Judgment: Upon consideration of the plaintiffs' unopposed motion to extend the briefing schedule, it is hereby ORDERED that the motion is GRANTED; and it is FURTHER ORDERED that the time within which the plaintiffs may file their motion for summary judgment solely on the issue of liability, i.e., whether the fees charged to access records through PACER violate the E-Government Act of 2002, Pub. L. No. 107-347, ยง 205(e), 116 Stat. 2899, 2915 (Dec. 17, 2002) (28 U.S.C. ยง 1913 note), is extended through August 28, 2017; and it is FURTHER ORDERED that the defendant shall file its opposition 20 days after this date, on September 18, 2017, and the plaintiffs' reply is due 10 days after that, on September 28, 2017, consistent with this Courts scheduling order entered on January 24, 2017. Signed by Judge Ellen S. Huvelle on July 5, 2017. (AG)

July 5, 2017

July 5, 2017

PACER

MINUTE ORDER granting 48 Unopposed Motion for Extension of Time to File Motion for Summary Judgment: Upon consideration of the plaintiffs' unopposed motion to extend the briefing schedule, it is hereby ORDERED that the motion is GRANTED; and it is FURTHER ORDERED that the time within which the plaintiffs may file their motion for summary judgment solely on the issue of liability, i.e., whether the fees charged to access records through PACER violate the E-Government Act of 2002, Pub. L. No. 107-347, § 205(e), 116 Stat. 2899, 2915 (Dec. 17, 2002) (28 U.S.C. § 1913 note), is extended through August 28, 2017; and it is FURTHER ORDERED that the defendant shall file its opposition 20 days after this date, on September 18, 2017, and the plaintiffs' reply is due 10 days after that, on September 28, 2017, consistent with this Courts scheduling order entered on January 24, 2017. Signed by Judge Ellen S. Huvelle on July 5, 2017. (AG)

July 5, 2017

July 5, 2017

PACER

Set/Reset Deadlines: Plaintiff's Summary Judgment motion due by 8/28/2017. Response to Motion for Summary Judgment due by 9/18/2017. Plaintiff's Reply in support of Motion for Summary Judgment due by 9/28/2017. (hs)

July 7, 2017

July 7, 2017

PACER
49

MOTION for Leave to File Amicus Curiae, MOTION to Appear by Phone, by DON KOZICH (Attachments: # 1 Exhibit Application to Proceed In Forma Pauperis)(jf) Modified text on 7/19/2017 (znmw). (Entered: 07/18/2017)

1 Exhibit Application to Proceed In Forma Pauperis

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July 17, 2017

July 17, 2017

RECAP
50

SUPPLEMENT re 45 NOTICE to Exclude by ROSEMARIE HOWELL re 44 ORDER granting 42 Plaintiffs' Unopposed Motion for Approval of Revised Plan of Class Notice and Class Notice Documents filed by ROSEMARIE HOWELL. (jf) (Entered: 07/19/2017)

July 19, 2017

July 19, 2017

RECAP
51

NOTICE of Change of Address by Elizabeth S. Smith (Smith, Elizabeth) (Entered: 08/24/2017)

Aug. 24, 2017

Aug. 24, 2017

PACER
52

MOTION for Summary Judgment as to Liability by ALLIANCE FOR JUSTICE, NATIONAL CONSUMER LAW CENTER, NATIONAL VETERANS LEGAL SERVICES PROGRAM (Attachments: # 1 Declaration Declaration of Jonathan Taylor, # 2 Exhibit Exhibit A, # 3 Exhibit Exhibit B, # 4 Exhibit Exhibit C, # 5 Exhibit Exhibit D, # 6 Exhibit Exhibit E, # 7 Exhibit Exhibit F, # 8 Exhibit Exhibit G, # 9 Exhibit Exhibit H, # 10 Exhibit Exhibit I, # 11 Exhibit Exhibit J, # 12 Exhibit Exhibit K, # 13 Exhibit Exhibit L, # 14 Exhibit Exhibit M, # 15 Declaration Declaration of Thomas Lee and Michael Lissner, # 16 Statement of Facts Plaintiffs' Statement of Undisputed Material Facts)(Gupta, Deepak) (Entered: 08/28/2017)

1 Declaration Declaration of Jonathan Taylor

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2 Exhibit Exhibit A

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3 Exhibit Exhibit B

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4 Exhibit Exhibit C

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5 Exhibit Exhibit D

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6 Exhibit Exhibit E

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7 Exhibit Exhibit F

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8 Exhibit Exhibit G

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9 Exhibit Exhibit H

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10 Exhibit Exhibit I

View on RECAP

11 Exhibit Exhibit J

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12 Exhibit Exhibit K

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13 Exhibit Exhibit L

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14 Exhibit Exhibit M

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15 Declaration Declaration of Thomas Lee and Michael Lissner

View on RECAP

16 Statement of Facts Plaintiffs' Statement of Undisputed Material Facts

View on RECAP

Aug. 28, 2017

Aug. 28, 2017

RECAP
53

MOTION for Leave to File Amicus Curiae Brief by REPORTERS COMMITTEE FOR FREEDOM OF THE PRESS (Attachments: # 1 Exhibit Proposed Amicus Brief, # 2 Proposed Order, # 3 Certificate of Corporate Disclosure)(Brown, Bruce) (Entered: 09/05/2017)

1 Exhibit Proposed Amicus Brief

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2 Proposed Order

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3 Certificate of Corporate Disclosure

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Sept. 5, 2017

Sept. 5, 2017

RECAP
54

NOTICE of Appearance by Sasha Samberg-Champion on behalf of AMERICAN ASSOCIATION OF LAW LIBRARIES (Samberg-Champion, Sasha) (Entered: 09/05/2017)

Sept. 5, 2017

Sept. 5, 2017

RECAP
55

MOTION for Leave to File Brief Amici Curiae by AMERICAN ASSOCIATION OF LAW LIBRARIES (Attachments: # 1 Proposed Brief, # 2 Text of Proposed Order)(Samberg-Champion, Sasha) (Entered: 09/05/2017)

1 Proposed Brief

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2 Text of Proposed Order

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Sept. 5, 2017

Sept. 5, 2017

RECAP
56

MOTION for Leave to File Amicus Curiae Brief by JOSEPH I. LIEBERMAN (Attachments: # 1 Exhibit Proposed Amicus Brief, # 2 Text of Proposed Order)(Bailen, Mark) (Entered: 09/05/2017)

1 Exhibit Proposed Amicus Brief

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2 Text of Proposed Order

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Sept. 5, 2017

Sept. 5, 2017

RECAP
57

MOTION for Extension of Time to File Response/Reply by UNITED STATES OF AMERICA (Field, Brian) (Entered: 09/13/2017)

Sept. 13, 2017

Sept. 13, 2017

RECAP
58

RESPONSE re 57 MOTION for Extension of Time to File Response/Reply filed by ALLIANCE FOR JUSTICE, NATIONAL CONSUMER LAW CENTER, NATIONAL VETERANS LEGAL SERVICES PROGRAM. (Gupta, Deepak) (Entered: 09/13/2017)

Sept. 13, 2017

Sept. 13, 2017

RECAP
59

AMICUS BRIEF by REPORTERS COMMITTEE FOR FREEDOM OF THE PRESS, AMERICAN SOCIETY OF NEWSPAPER EDITORS, ASSOCIATED PRESS MEDIA EDITORS, ASSOCIATION OF ALTERNATIVE NEWS MEDIA, CENTER FOR INVESTIGATIVE REPORTING, FIRST AMENDMENT COALITION, FIRST LOOK MEDIA WORKS, INC., INTERNATIONAL DOCUMENTARY ASSOCIATION, INVESTIGATIVE REPORTING WORKSHOP, MEDIA CONSORTIUM, MPA, NATIONAL PRESS PHOTOGRAPHERS ASSOCIATION, ONLINE NEWS ASSOCIATION, RADIO TELEVISION DIGITAL NEWS ASSOCIATION, REPORTERS WITHOUT BORDERS, SEATTLE TIMES COMPANY, SOCIETY OF PROFESSIONAL JOURNALISTS, TULLY CENTER FOR FREE SPEECH. (znmw) (Entered: 09/14/2017)

Sept. 13, 2017

Sept. 13, 2017

RECAP
60

LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by AMERICAN SOCIETY OF NEWSPAPER EDITORS, ASSOCIATED PRESS MEDIA EDITORS, ASSOCIATION OF ALTERNATIVE NEWS MEDIA, CENTER FOR INVESTIGATIVE REPORTING, FIRST AMENDMENT COALITION, FIRST LOOK MEDIA WORKS, INC., INTERNATIONAL DOCUMENTARY ASSOCIATION, INVESTIGATIVE REPORTING WORKSHOP, MEDIA CONSORTIUM, MPA, NATIONAL PRESS PHOTOGRAPHERS ASSOCIATION, ONLINE NEWS ASSOCIATION, RADIO TELEVISION DIGITAL NEWS ASSOCIATION, REPORTERS COMMITTEE FOR FREEDOM OF THE PRESS, REPORTERS WITHOUT BORDERS, SEATTLE TIMES COMPANY, SOCIETY OF PROFESSIONAL JOURNALISTS, TULLY CENTER FOR FREE SPEECH identifying Other Affiliate SYRACUSE UNIVERSITY for TULLY CENTER FOR FREE SPEECH; Other Affiliate AMERICAN UNIVERSITY SCHOOL OF COMMUNICATION for INVESTIGATIVE REPORTING WORKSHOP; Corporate Parent MCCLATCHY COMPANY for SEATTLE TIMES COMPANY. (znmw) (Entered: 09/14/2017)

Sept. 13, 2017

Sept. 13, 2017

PACER
61

AMICUS BRIEF by AMERICAN ASSOCIATION OF LAW LIBRARIES, DEBORAH BEIM, THOMAS BRUCE, PHILLIP MALONE, JONATHAN ZITTRAIN. (znmw) (Entered: 09/14/2017)

Sept. 13, 2017

Sept. 13, 2017

RECAP
62

LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by AMERICAN ASSOCIATION OF LAW LIBRARIES. (See Docket Entry 61 to view document). (znmw) (Entered: 09/14/2017)

Sept. 13, 2017

Sept. 13, 2017

PACER
63

AMICUS BRIEF by JOSEPH I. LIEBERMAN, DARRELL ISSA. (znmw) (Entered: 09/14/2017)

Sept. 13, 2017

Sept. 13, 2017

RECAP

MINUTE ORDER granting 53 55 56 Movants' Motions for Leave to File Briefs as Amicus Curiae: Upon consideration of the above-referenced motions, plaintiffs' consent and defendant's representation that it will not oppose, it is hereby ORDERED that the motions are GRANTED and movants are granted leave to file briefs as amicus curiae. Signed by Judge Ellen S. Huvelle on September 13, 2017. (AG)

Sept. 13, 2017

Sept. 13, 2017

PACER

MINUTE ORDER granting in part and denying in part 57 defendant's Motion for Extension of Time to File Response re 52 plaintiffs' MOTION for Summary Judgment as to Liability: Upon consideration of defendant's motion, plaintiff's partial consent and partial opposition thereto, and the entire record herein, it is hereby ORDERED that the motion is GRANTED; and it is further ORDERED that defendant shall have until November 2, 2017, to file its response to plaintiffs' motion for summary judgment; and it is further ORDERED that plaintiffs reply is due by November 13, 2017. Signed by Judge Ellen S. Huvelle on September 14, 2017. (AG)

Sept. 14, 2017

Sept. 14, 2017

PACER
64

Verified MOTION For Free Access To Pacer by DON KOZICH (jf) (Entered: 09/27/2017)

Sept. 25, 2017

Sept. 25, 2017

RECAP
65

RESPONSE re 64 MOTION For Free Access To Pacer filed by ALLIANCE FOR JUSTICE, NATIONAL CONSUMER LAW CENTER, NATIONAL VETERANS LEGAL SERVICES PROGRAM. (Gupta, Deepak) (Entered: 09/29/2017)

Sept. 29, 2017

Sept. 29, 2017

RECAP
66

ORDER DENYING as moot 64 Motion for Free Access to PACER Until Final Disposition of this Case. Signed by Judge Ellen S. Huvelle on October 2, 2017. (lcesh2,) (Entered: 10/02/2017)

Oct. 2, 2017

Oct. 2, 2017

RECAP
67

MOTION to Clarify Minute Order dated 09/13/2017 by DON KOZICH (jf) (Entered: 10/13/2017)

Oct. 10, 2017

Oct. 10, 2017

RECAP
68

ORDER denying 49 Motion for Leave to File Amicus Brief and to Appear Telephonically; denying as moot 67 Motion to Clarify: see Order for details. Signed by Judge Ellen S. Huvelle on October 17, 2017. (lcesh2) (Entered: 10/17/2017)

Oct. 17, 2017

Oct. 17, 2017

RECAP
69

Unopposed MOTION for Extension of Time to File Response/Reply as to 52 MOTION for Summary Judgment as to Liability by UNITED STATES OF AMERICA (Attachments: # 1 Text of Proposed Order)(Nebeker, William) (Entered: 10/30/2017)

1 Text of Proposed Order

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Oct. 30, 2017

Oct. 30, 2017

RECAP
72

STRIKEN PURSUANT TO MINUTE ORDER FILED ON 11/9/17.....Verified MOTION with Briefing by ROSEMARIE HOWELL (Attachments: # 1 Appendix 1, # 2 Appendix 2, # 3 Appendix 3)(jf) Modified on 11/12/2017 (zgdf). (Entered: 11/08/2017)

1 Appendix 1

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2 Appendix 2

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3 Appendix 3

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Oct. 30, 2017

Oct. 30, 2017

RECAP
70

MOTION for Reconsideration re 68 Order on Motion for Miscellaneous Relief, Order on Motion for Leave to File, Order on Motion to Clarify by DON KOZICH (Attachments: # 1 Exhibit)(jf) (Entered: 11/01/2017)

1 Exhibit

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Oct. 31, 2017

Oct. 31, 2017

RECAP

MINUTE ORDER granting 69 Unopposed Motion for Extension of Time to File Response re 52 MOTION for Summary Judgment as to Liability: Upon Consideration of the Unopposed Motion For An Enlargement Of Time, AndMemorandum In Support Thereof in response thereto, and for the reasons set forth in support thereof, it is hereby ORDERED that the motion should be and is hereby GRANTED; and it is FURTHER ORDERED that Defendant file its opposition to Plaintiff's Motion For Summary Judgment As To Liability (ECF No. 52 ) on or before November 17, 2017; and it is FURTHER ORDERED that Plaintiffs may respond to Defendant's filing on or before December 5, 2017. Signed by Judge Ellen S. Huvelle on October 31, 2017. (AG)

Oct. 31, 2017

Oct. 31, 2017

PACER

MINUTE ORDER granting 69 Unopposed Motion for Extension of Time to File Response re 52 MOTION for Summary Judgment as to Liability: Upon Consideration of the Unopposed Motion For An Enlargement Of Time, AndMemorandum In Support Thereof in response thereto, and for the reasons set forth in support thereof, it is hereby ORDERED that the motion should be and is hereby GRANTED; and it is FURTHER ORDERED that Defendant file its opposition to Plaintiff's Motion For Summary Judgment As To Liability (ECF No. 52) on or before November 17, 2017; and it is FURTHER ORDERED that Plaintiffs may respond to Defendant's filing on or before December 5, 2017. Signed by Judge Ellen S. Huvelle on October 31, 2017. (AG)

Oct. 31, 2017

Oct. 31, 2017

PACER
71

ORDER denying 70 Motion for Reconsideration of October 17, 2017 Order Denying Petitioners Motion for Clarification of September 13, 2017 Order and Denying Petitioners Motion to File Amicus Curiae; and granting Movant access to documents filed in this case. See Order for details. Signed by Judge Ellen S. Huvelle on November 6, 2017. (lcesh2) (Entered: 11/06/2017)

Nov. 6, 2017

Nov. 6, 2017

RECAP

MINUTE ORDER: It is hereby ORDERED that Rosemarie Howell's Verified Motion with Briefing 72 is STRICKEN from the docket as filed without leave of Court; it is further ORDERED that leave to file is denied because Rosemarie Howell has opted out of the class, see ECF 45; and it is further ORDERED that the Clerk shall return the motion to Rosemarie Howell, along with a copy of this Minute Order. Signed by Judge Ellen S. Huvelle on November 9, 2017. (lcesh2)

Nov. 9, 2017

Nov. 9, 2017

PACER
73

Cross MOTION for Summary Judgment by UNITED STATES OF AMERICA (Attachments: # 1 Memorandum in Support, # 2 Declaration Decl. of W. Skidgel, # 3 Statement of Facts, # 4 Text of Proposed Order)(Field, Brian) (Entered: 11/17/2017)

1 Memorandum in Support

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2 Declaration Decl. of W. Skidgel

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3 Statement of Facts

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4 Text of Proposed Order

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Nov. 17, 2017

Nov. 17, 2017

RECAP
74

Memorandum in opposition to re 52 MOTION for Summary Judgment as to Liability filed by UNITED STATES OF AMERICA. (Attachments: # 1 Memorandum in Support, # 2 Declaration Decl. of W. Skidgel, # 3 Statement of Facts, # 4 Text of Proposed Order)(Field, Brian) (Entered: 11/17/2017)

1 Memorandum in Support

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2 Declaration Decl. of W. Skidgel

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3 Statement of Facts

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4 Text of Proposed Order

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Nov. 17, 2017

Nov. 17, 2017

RECAP
75

REPLY to opposition to motion re 52 MOTION for Summary Judgment as to Liability, filed by ALLIANCE FOR JUSTICE, NATIONAL CONSUMER LAW CENTER, NATIONAL VETERANS LEGAL SERVICES PROGRAM. (Attachments: # 1 Statement of Facts Response to Defendant's Statement of Facts)(Gupta, Deepak) Modified to remove link on 12/6/2017 (znmw). (Entered: 12/05/2017)

1 Statement of Facts Response to Defendant's Statement of Facts

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Dec. 5, 2017

Dec. 5, 2017

RECAP
76

Memorandum in opposition to re 73 Cross MOTION for Summary Judgment filed by ALLIANCE FOR JUSTICE, NATIONAL CONSUMER LAW CENTER, NATIONAL VETERANS LEGAL SERVICES PROGRAM. (See Docket Entry 75 to view document). (znmw) (Entered: 12/06/2017)

Dec. 5, 2017

Dec. 5, 2017

PACER
77

MOTION for Extension of Time to File Response/Reply as to 73 Cross MOTION for Summary Judgment by UNITED STATES OF AMERICA (Field, Brian) (Entered: 12/08/2017)

Dec. 8, 2017

Dec. 8, 2017

RECAP

MINUTE ORDER granting in part and denying in part 77 defendant's opposed Motion for Extension of Time to File Reply re 73 Cross Motion for Summary Judgment: Upon consideration of the above-referenced motion, and the entire record herein, it is hereby ORDERED that the motion is GRANTED IN PART AND DENIED IN PART; and it is further ORDERED that defendant shall have until January 5, 2018, to file its reply in support of its cross-motion for summary judgment. Signed by Judge Ellen S. Huvelle on December 8, 2017. (lcesh2)

Dec. 8, 2017

Dec. 8, 2017

PACER
78

LEAVE TO FILE DENIED- Declaration of Amended Service. This document is unavailable as the Court denied its filing. "Leave To File Denied" Signed by Judge Ellen S. Huvelle on 12/12/2017. (jf) (Entered: 12/15/2017)

Dec. 12, 2017

Dec. 12, 2017

PACER

Case Details

State / Territory: District of Columbia

Case Type(s):

Public Benefits/Government Services

Key Dates

Filing Date: April 21, 2016

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

The plaintiffs are three national nonprofit organizations that have downloaded public records from PACER.

Plaintiff Type(s):

Non-profit NON-religious organization

Public Interest Lawyer: No

Filed Pro Se: Unknown

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

United States of America (District of Columbia), Federal

Defendant Type(s):

Jurisdiction-wide

Case Details

Available Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

General:

Access to public accommodations - governmental

Courts

Fines/Fees/Bail/Bond

Government services