Horn v. Experis US Inc., a Manpower Brand Company

Filing 23

ORDER signed by Magistrate Judge Deborah Barnes on 10/11/2018 GRANTING retroactive to 1/1/20181 21 motion for exempt fee status. Plaintiff is EXEMPT from fees for PACER in this action; Plaintiff's exemption applies ONLY to plaintiff� 39;s online PACER account and not to documents obtained at the Public Counter. The Clerk of the Court shall notify the PACER Service Center; Plaintiff shall contact the PACER Service Center to establish a PACER account; and Plaintiff's fee exemption shall remain in effect for 30 days after the termination of this action. (cc: PACER Service.) (York, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ELLA W. HORN,

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Plaintiff,

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No. 2:17-cv-0814 JAM DB PS

v.

ORDER

EXPERIS US INC., A MANPOWER
BRAND COMPANY,

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Defendant.

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Plaintiff Ella Horn is proceeding in this action pro se. This matter was, therefore, referred

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to the undersigned in accordance with Local Rule 302(c)(21) and 28 U.S.C. § 636(b)(1).
On June 21, 2018, plaintiff filed a motion seeking free access to PACER and CM/ECF—

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the court’s electronic case filing service—retroactive to January 1, 2018. (ECF No. 21.)

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Plaintiff’s motion argues that she has “limited funds” and is “unable to pay her current Pacer

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invoice[.]” (Id. at 2.) Without access to Pacer, plaintiff would be hindered in litigating this action.

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(Id.)

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In support of this request, plaintiff’s motion notes that plaintiff is proceeding in forma

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pauperis under 28 U.S.C. § 1915. (Id. at 1.) Plaintiff’s motion also notes that plaintiff has been

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granted “Pacer Fee Exempt Status by the Northern District Court of California.” (Id.) Moreover,

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plaintiff has conferred with defendant and defendant does not oppose plaintiff’s request. (Id.)
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The undersigned finds that plaintiff qualifies for a fee exemption as provided by the

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Electronic Public Access fee schedule adopted by the Judicial Conference of the United States

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Courts. Plaintiff has also demonstrated that a fee exemption is necessary to avoid unreasonable

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burdens in litigating this case.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Plaintiff’s June 21, 2018 motion for exempt fee status (ECF No. 21) is granted

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retroactive to January 1, 20181;

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2. Plaintiff is exempt from fees for PACER in this action2;

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3. The Clerk of the Court shall notify the PACER Service Center;

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4. Plaintiff shall contact the PACER Service Center to establish a PACER account3; and

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5. Plaintiff’s fee exemption shall remain in effect for 30 days after the termination of this

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action.

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Dated: October 11, 2018

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DLB:6
DB\orders\orders.pro se\horn0814.pacer.ord2

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Plaintiff is prohibited from selling and/or transferring data received through this exemption.

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Plaintiff’s exemption applies only to plaintiff’s online PACER account and not to documents
obtained at the Public Counter.

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Information for contacting the PACER Service Center can be found at: https://www.pacer.gov/.
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