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

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)

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.

t.er 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 part.j.es 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: [phone]
Fax: [phone]
[e-mail], [e-mail]
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: [phone]
Fax: [phone]
[e-mail]
William H. Narwold (D.C. Bar No. 502352)
MOTLEY RICE LLC
20 Church Street, 17th Floor
Hartford, CT 06103
Phone: [phone]
Fax [phone]
[e-mail]
For Plaintiffs.

4