NATIONAL VETERANS LEGAL SERVICES PROGRAM et al v. UNITED STATES OF AMERICA

Filing 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)

Case 1:16-cv-00745-ESH Document 10 Filed 05/16/16 Page 1 of 4

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
NATIONAL VETERANS LEGAL
SERVICES PROGRAM, et al.,

)
)
)
Plaintiffs,
)
)
v.
) Civil Action No. 16-745 ESH
)
UNITED STATES OF AMERICA,
)
)
Defendant.
)
)
______________________________)
UNOPPOSED MOTION FOR AN ENLARGEMENT OF TIME,
AND MEMORANDUM IN SUPPORT THEREOF
Defendant hereby moves, pursuant to Fed. R. Civ. P. 6(b)(1),
for an enlargement of time to respond to Plaintiffs’ Motion For Class
Certification in this action, up to and including two weeks after
the answer is currently due.
July 11, 2016.

This would make the response due on

Counsel attempted to reach counsel for plaintiffs,

Deepak Gupta, Esq., by telephone and email in an effort to ascertain
Plaintiffs’ position on this motion.

According to his Associate,

Jon Taylor, Mr. Gupta has agreed to he requested enlargement of time.
Plaintiffs’ Complaint seeks recovery of funds from the United
States and a declaration that the funds they have paid for PACER fees
are excessive.

They seek to include as plaintiffs 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

Case 1:16-cv-00745-ESH Document 10 Filed 05/16/16 Page 2 of 4

the federal government.”

Complaint, ¶ 27.

Undersigned counsel is

in the process of investigating the claims and defenses available
in the case, and whether the case should be treated as part of a
similar class action already pending in the Court of Federal Claims.
See Bryndon Fischer v. United States, Case No. 1:15-cv-01575-TCW.1
In the relatively brief time since service of the Complaint and
undersigned counsel’s receipt of the May 2, 2016 motion for class
certification, counsel has been unable to gather sufficient facts
and to investigate the legal issues sufficiently to allow him to
prepare a response to the motion for class certification.

This is

due, in large part, to the need for him to first complete the drafting
of numerous motions and responses in filings in both this Court and
the Court of Appeals.

Defendant believes that after he has gathered

the information needed to complete a response to the Complaint
(currently due June 27, 2016), he will be in a position to complete
Defendant’s response to the motion for class certification.

1
Mr. Fisher’s action also seeks class certification of alleged
overcharges paid for use of PACER. Although the theory of
overcharging appears to be slightly different, counsel intends to
assess whether the claims here would or should be part of that action.

-2-

Case 1:16-cv-00745-ESH Document 10 Filed 05/16/16 Page 3 of 4

For these reasons, Defendant asks for an enlargement of time
to file a response to the pending motion for class certification in
the case up to and including July 11, 2016.

A proposed order

accompanies this motion.
Respectfully submitted,

CHANNING D. PHILLIPS, DC Bar #415793
United States Attorney

DANIEL F. VAN HORN, DC Bar #924092
Chief, Civil Division

By:

/s/
W. MARK NEBEKER, DC Bar #396739
Assistant United States Attorney

-3-

Case 1:16-cv-00745-ESH Document 10 Filed 05/16/16 Page 4 of 4

CERTIFICATE OF SERVICE
I HEREBY CERTIFY that service of the foregoing Unopposed Motion
For An Enlargement Of Time, And Memorandum In Support Thereof, and
a proposed Order has been made through the Court’s electronic
transmission facilities on this 16th day of May, 2016.

/s/
W. MARK NEBEKER, DC Bar #396739
Assistant United States Attorney
555 4th Street, N.W.
Washington, DC 20530
[phone]
[e-mail]