United States Commodity Futures Trading Commission v. Paron Capital Management, LLC et al

Filing 37

ORDER by Judge Claudia Wilken GRANTING 20 REQUEST TO E-FILE AND DENYING 21 PERMISSION TO BE EXCUSED FROM PAYING PACER FEES AND REQUEST THAT THE MOTION FOR PERMISSION TO BE EXCUSED FROM PAYING PACER FEES BE PLACED UNDER SEAL. (Attachments: # 1 Certificate/Proof of Service) (ndr, COURT STAFF) (Filed on 11/23/2011)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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UNITED STATES COMMODITY FUTURES
TRADING COMMISSION,

v.

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PARON CAPITAL MANAGEMENT, LLC,
and JAMES D. CROMBIE,

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Defendants.

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United States District Court
For the Northern District of California

ORDER GRANTING
REQUEST TO E-FILE
AND DENYING
PERMISSION TO BE
EXCUSED FROM
PAYING PACER FEES
AND REQUEST THAT
THE MOTION FOR
PERMISSION TO BE
EXCUSED FROM
PAYING PACER FEES
BE PLACED UNDER
SEAL
(Docket Nos. 20
and 21)

Plaintiff,

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No. C 11-4577 CW

________________________________/

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Defendant James D. Crombie seeks the Court’s leave to

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participate in Electronic Case Filing (ECF) and to be excused from

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paying the fees for accessing documents through the Public Access

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to Court Electronic Records (PACER) service.

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motion requesting permission to be excused from PACER fees be

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sealed.

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Commission has filed a notice of non-opposition to Defendant

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Crombie’s motions.

He asks that his

Plaintiff United States Commodity Futures Trading

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Defendant Crombie has filed a statement affirming that he has

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reviewed the requirements for e-filing and that he agrees to abide

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by them.

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registers for e-filing, he will receive notices and documents only

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by email and not by regular mail.

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regular access to the technical requirements necessary to e-file

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successfully.

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He also states that he understands that, once he

He further states that he has

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Defendant Crombie has filed copies of bank statements in a

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single document with his motion seeking permission to be excused

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from PACER fees and asks that the bank statements be placed under

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seal.

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record, Court staff has placed a temporary “lock” on the motion to

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temporarily restrict access.

Because Defendant has filed this document in the public

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Civil Local Rule 79-5 provides that, when a party seeks

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permission to file a document under seal, the party must file an

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administrative motion seeking leave to file under seal,

United States District Court
For the Northern District of California

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accompanied by a sworn declaration demonstrating with

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particularity the need to file each document under seal.

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Civil Local Rule 79-5(a).

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in the public record the document that he seeks to file under

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seal, but instead should separately lodge with the Clerk two

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sealed envelopes each containing copies of the documents.

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Civil Local Rule 79-5(b).

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See

At that time, the party should not file

See

Defendant Crombie has stated in his motion that the

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information he seeks to seal is private and personal, but has not

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supported his request with a sworn declaration that states with

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particularity the reasons that justify filing these documents

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under seal.

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Defendant Crombie states that he does not have the ability to

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pay the fees associated with accessing and filing with PACER.

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Electronic filings are made through the ECF system, not the PACER

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system.

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ECF system.

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docket information, including electronic copies of documents

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filed.

There is no fee associated with the filing aspect of the
The PACER system allows users to retrieve case and

As stated in the “Frequently Asked Questions” for the
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PACER and ECF systems, which can be accessed at

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http://www.pacer.gov/psc/faq.html, PACER charges $0.08 per page

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retrieved.

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the equivalent of 30 pages.

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of charges is accrued in any given quarter, fees are waived for

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that quarter.

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(including pro se litigants) receive one free electronic copy of

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all documents filed electronically, if receipt is required by law

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or directed by the filer.

The charge for any single document is capped at $2.40,
If a total of less than $10.00 worth

Attorneys of record and parties in a case

To avoid later charges, a copy of each

United States District Court
For the Northern District of California

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document can be downloaded and saved during this first viewing.

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However, if the document is a transcript, the free copy and thirty

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page fee cap do not apply.

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Accordingly, the Court GRANTS Defendant Crombie’s request to

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participate in the ECF system (Docket No. 20) and DENIES Defendant

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Crombie’s request to be excused from all PACER fees (Docket

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No. 21).

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Defendant Crombie attached to his motion to be excused from PACER

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fees and directs the Clerk to remove these documents from the

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public record.

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Further, the Court STRIKES the bank statements that

IT IS SO ORDERED.

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Dated: 11/23/2011

CLAUDIA WILKEN
United States District Judge

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