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 18-1 Filed 08/09/16 Page 1 of 3

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 PROPOSED] SCHEDULING ORDER
Based on the parties’ Joint Motion for Adoption of a Phased
Schedule to Govern Further Proceedings (ECF No. ___), it is
hereby ordered that:
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
this 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).

Defendant’s

Motion to Stay Discovery (ECF No. 14) is denied as moot.
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

Class Certification will be moot and proceedings in the district
court shall be concluded.

Case 1:16-cv-00745-ESH Document 18-1 Filed 08/09/16 Page 2 of 3

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.
7.

After the notice period ends, plaintiffs will move for

summary judgment solely on the issue of liability — i.e.,
2

Case 1:16-cv-00745-ESH Document 18-1 Filed 08/09/16 Page 3 of 3

whether the fees charged to access records through PACER violate
the E-Government Act of 2002, Pub. L. No. 107-347, § 205(e), 116
Stat. 2899, 2915 (Dec. 17, 2002) (28 U.S.C. § 1913 note).
8.

The parties shall defer the issue of damages, if any,

until after a ruling on the motion for summary judgment and any
cross-motion Defendant may file.
Phase III:
9.

Within 15 days of the Court’s ruling on summary

judgment, the parties will meet and confer and, based on the
Court’s ruling, propose a schedule(s) for the balance of the
case, including any additional discovery.
IT IS SO ORDERED, this ____ day of August, 2016.

__________________________________
Ellen Segal Huvelle
Senior United States District Judge

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