Plata et al v. Schwarzenegger et al

Filing 2868

ORDER granting PACER fee exemption for Compliance Officer Elwood Lui. Signed by Judge Thelton E. Henderson on 08/26/15. (tehlc3, COURT STAFF) (Filed on 8/26/2015)

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1 UNITED STATES DISTRICT COURT 2 NORTHERN DISTRICT OF CALIFORNIA 3 4 MARCIANO PLATA, et al., Plaintiffs, 5 6 7 8 v. EDMUND G. BROWN JR., et al., Case No. 01-cv-01351-TEH ORDER GRANTING PACER FEE EXEMPTION FOR COMPLIANCE OFFICER ELWOOD LUI Defendants. 9 10 The Honorable Elwood Lui has been appointed as the Compliance Officer in the United States District Court Northern District of California 11 three-judge court proceedings related to this case. Justice Lui has requested a PACER fee 12 waiver, which the Court construes as a motion for exemption from the PACER fee. The 13 standards established by the Judicial Conference for granting such an exemption are to 14 avoid unreasonable burdens and to promote public access to such information. Both 15 standards must be met before a court may grant an exemption from the PACER fee. 16 It would be unreasonable to burden Justice Lui with payment of this fee while he is 17 working under appointment by and on behalf of the Court. Because he is performing a 18 public function as the Compliance Officer in the Plata/Coleman three-judge court 19 proceedings, public access to information will be promoted if he has free access to the 20 entire docket in this case. Thus, the Court finds that both standards have been met in this 21 instance and GRANTS Justice Lui’s motion for exemption from PACER user fees. The 22 exemption shall remain in place as long as Justice Lui remains appointed as the 23 Compliance Officer. 24 25 IT IS SO ORDERED. 26 27 28 Dated: 08/26/15 _____________________________________ THELTON E. HENDERSON United States District Judge

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