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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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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MARCIANO PLATA, et al.,
Plaintiffs,

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v.
EDMUND G. BROWN JR., et al.,

Case No. 01-cv-01351-TEH
ORDER GRANTING PACER FEE
EXEMPTION FOR COMPLIANCE
OFFICER ELWOOD LUI

Defendants.

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The Honorable Elwood Lui has been appointed as the Compliance Officer in the

United States District Court
Northern District of California

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three-judge court proceedings related to this case. Justice Lui has requested a PACER fee

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waiver, which the Court construes as a motion for exemption from the PACER fee. The

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standards established by the Judicial Conference for granting such an exemption are to

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avoid unreasonable burdens and to promote public access to such information. Both

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standards must be met before a court may grant an exemption from the PACER fee.

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It would be unreasonable to burden Justice Lui with payment of this fee while he is

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working under appointment by and on behalf of the Court. Because he is performing a

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public function as the Compliance Officer in the Plata/Coleman three-judge court

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proceedings, public access to information will be promoted if he has free access to the

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entire docket in this case. Thus, the Court finds that both standards have been met in this

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instance and GRANTS Justice Lui’s motion for exemption from PACER user fees. The

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exemption shall remain in place as long as Justice Lui remains appointed as the

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Compliance Officer.

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IT IS SO ORDERED.

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Dated: 08/26/15

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THELTON E. HENDERSON
United States District Judge