Filing 18

Joint MOTION for Scheduling Order by ALLIANCE FOR JUSTICE, NATIONAL CONSUMER LAW CENTER, NATIONAL VETERANS LEGAL SERVICES PROGRAM (Attachments: #1 Text of Proposed Order)(Narwold, William)

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Case 1:16-cv-00745-ESH Document 18 Filed 08/09/16 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. ) ) ______________________________) JOINT MOTION FOR ADOPTION OF A PHASED SCHEDULE TO GOVERN FURTHER PROCEEDINGS The parties have conferred regarding the Defendant’s Motion to Stay Discovery and the items set forth in LCvR 16.3(c). They believe that the proceedings in this case are best managed by a phased approach. Therefore, they jointly request that the Court approve the following proposed schedule: Phase I: 1. Discovery and the need to confer further pursuant to Fed. R. Civ. P 26(f) and LCvR 16.3 shall be stayed until after the Court’s ruling on the pending Motion for Class Certification (ECF No. 8) and Motion To Dismiss Or, In The Alternative, For Summary Judgment (ECF No. 11). 2. The Administrative Office of the United States Courts shall ensure that an appropriate litigation hold is in place. 3. If the Motion to Dismiss is granted, the Motion for Case 1:16-cv-00745-ESH Document 18 Filed 08/09/16 Page 2 of 4 Class Certification will be moot and proceedings in the district court shall be concluded. 4. If the Motion to Dismiss is denied and the Motion for Class Certification is denied, the parties will meet and confer within 15 days of the Court’s latter ruling, and propose a schedule(s) for the balance of the case. Phase II: 5. If the Motion to Dismiss is denied, and the Court grants certification of a class, in whole or in part, under Fed. R. Civ. P. 23(b)(3), Plaintiffs will provide notice to class members within 90 days of the Court’s ruling. The parties will attempt to agree on the form and manner of notice (subject to the Court’s approval) and will confer in an attempt to resolve what information, if any, should be shared to ensure reasonable notice to the class. Any disputes will be promptly brought to the Court’s attention. 6. During the notice period, the parties will enter into a stipulation and/or permit limited document discovery in an effort to establish 1) what portion of PACER fee revenue during the class period was in excess of the amount necessary to fund PACER services, 2) what portion of the PACER fee revenue supported CM/ECF and other Administrative Office initiatives and programs, and 3) what the average per-page PACER fee was during the class period. 2 Case 1:16-cv-00745-ESH Document 18 Filed 08/09/16 Page 3 of 4 7. the notice period ends, plainE.iffs will move for summary judgment sol-eLy on t.he issue of liabilit.y _ i.e., Af whether Ehe fees charged t.o access records Ehrough PACER violat.e the E-Government Act of 2002, pub. L. No. lO7-347, S 205(e) , Stat. 2899, 2915 (Dec. L7, 2OO2l (28 U.S.C. S 1913 note) 116 . 8. The parties shaLl defer t.he issue of damages, if any, until after a ruling on t.he motion for summary judgment and any cross-motion DefendanE. may f j.1e. Phase III: 9. Wit.hin 15 days of the Court, s ruling on summary judgment, the wil-I meet and confer and, based on the Court's ruling, propose a schedule(s) for Ehe bafance case, including any addit.ional discovery. A ,JoinE. Proposed Scheduling Order is being filed contemporaneousLy wit.h this Motion, Assistant United For Defendant of the Case 1:16-cv-00745-ESH Document 18 Filed 08/09/16 Page 4 of 4 By: /s/ Deepak Gupta Deepak Gupta (D.C. Bar No. 495451) Jonathan E. Taylor (D.C. Bar No. 1015713) GUPTA WESSLER PLLC 1735 20th Street, NW Washington, D.C. 20009 Phone: (202) 888-1741 Fax: (202) 888-7792, Michael T. Kirkpatrick (D.C. Bar No. 486293) INSTITUTE FOR PUBLIC REPRESENTATION Georgetown University Law Center 600 New Jersey Avenue, Suite 312 Washington, D.C. 20001 Phone: (202) 662-9535 Fax: (202) 662-9634 William H. Narwold (D.C. Bar No. 502352) MOTLEY RICE LLC 20 Church Street, 17th Floor Hartford, CT 06103 Phone: (860) 882-1676 Fax (860) 882-1682 For Plaintiffs. 4

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