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

Filing 27

ANSWER to Complaint by UNITED STATES OF AMERICA.(Nebeker, William)

Case 1:16-cv-00745-ESH Document 27 Filed 12/19/16 Page 1 of 11

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.
)
)
______________________________)
ANSWER
For its answer to the class action complaint in t5he above
action, Defendant admits, denies, and alleges as follows:
Introduction1
The allegations contained in Plaintiffs’ opening paragraphs
constitute conclusions of law, and Plaintiffs’ characterization
of its case, to which no answer is required.
1.

Defendant denies the allegations contained in first,

second and third sentences of paragraph 1 for lack of knowledge
or information sufficient to form a belief as to their truth.
Denies the allegations contained in the fourth sentence of
paragraph 1.

Where Defendant has included the headings from Plaintiffs’
Complaint, it has done so merely for ease of reference.
Defendant does not thereby admit that the headings are accurate.
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Case 1:16-cv-00745-ESH Document 27 Filed 12/19/16 Page 2 of 11

2.

Defendant denies the allegations contained in the

first, second and third sentences of paragraph 2 for lack of
knowledge or information sufficient to form a belief as to their
truth.

Denies the allegations contained in the fourth sentence

of paragraph 2.
3.

Defendant denies the allegations contained in first,

second, third and fourth sentences of paragraph 3 for lack of
knowledge or information sufficient to form a belief as to their
truth.

Denies the allegations contained in the fourth sentence

of paragraph 3.
4.

Defendant admits that the AO and the PACER Service

Center administer PACER, but denies the allegation that the AO
charges fees for access to public records.
Jurisdiction And Venue
5.

The allegations contained in paragraph 5 constitute

conclusions of law to which no answer is required.
6.

The allegations contained in paragraph 6 constitute

conclusions of law to which no answer is required.
Allegations
7.

Denies the allegation contained in the first sentence

of paragraph 7.

Admits that PACER is managed by the AO, but

denies the other allegations contained in the second sentence of

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Case 1:16-cv-00745-ESH Document 27 Filed 12/19/16 Page 3 of 11

paragraph 7.

Denies the allegation contained in the third and

fourth sentence of paragraph 7.

Admits that the current court

fee is $0.10 per page with a maximum of $3.00 per document or
case specific report, (excluding transcripts).

Admits the

charge for audio files is $2.40 per audio file and that there is
no charge for opinions.

Denies the allegations contained in the

seventh sentence of paragraph 7.

The allegations contained in

the last sentence of paragraph 7 constitute conclusions of law to
which no answer is required.
8.

Defendant denies the allegations contained in the

first sentence of paragraph 8.

The allegations contained in the

second sentence of paragraph 8 constitute conclusions of law to
which no answer is required; to the extent that they may be
deemed allegations of fact, they are denied. Defendant denies
the allegations contained in the third sentence of paragraph 8.
9.
10.

Denied.
Defendant denies the allegations contained in the

first sentence of paragraph 10, and denies the allegations in
the second sentence of paragraph 10 that the discussion paper
was an internal report on how the ECF system would be funded.
Defendant denies the allegations contained in the third sentence
of paragraph 10 with regard to any principles being emphasized.

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Case 1:16-cv-00745-ESH Document 27 Filed 12/19/16 Page 4 of 11

Defendant denies the allegations contained in the fourth
sentence of paragraph 10 that the AO contemplated how ECF could
be funded.
11.

Defendant denies the allegations contained in the

first sentence of paragraph 11.

The allegations contained in

the second sentence of paragraph 11 constitute conclusions of
law to which no answer is required; to the extent that it may be
deemed an allegation of fact, it is denied.
12.

Defendant admits the allegations of paragraph 12 to

the extent supported by the source cited, which is the best
evidence of its contents; otherwise the allegations are denied
and the Court is respectfully referred to the cited document for
a full, fair and accurate account of its contents.
13.

Defendant Admits the allegations contained in the

first sentence of paragraph 13 to the extent supported by the
source cited, which is the best evidence of its contents;
otherwise the allegations are denied and the Court is
respectfully referred to the cited document for a full, fair and
accurate account of its contents.

Defendant denies the

allegations contained in the remaining sentences of paragraph
13.

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Case 1:16-cv-00745-ESH Document 27 Filed 12/19/16 Page 5 of 11

14.

The allegations contained in the first sentence of

paragraph 14 constitute Plaintiffs’ characterization of the case,
to which no answer is required; to the extent that it may be
deemed an allegation of fact, it is denied.

Defendant admits

the allegations contained in the second sentence of paragraph 14
to the extent supported by the source cited, which is the best
evidence of its contents; otherwise the allegations are denied
and the Court is respectfully referred to the cited document for
a full, fair and accurate account of its contents.
15.

Defendant admits the allegations contained in

paragraph 15 to the extent supported by the source cited, which
is the best evidence of its contents; otherwise the allegations
are denied and the Court is respectfully referred to the cited
document for a full, fair and accurate account of its contents.
16.

Defendant admits the allegations contained in

paragraph 16 to the extent supported by the source cited, which
is the best evidence of its contents; otherwise the allegations
are denied and the Court is respectfully referred to the cited
document for a full, fair and accurate account of its contents.
17.

Defendant admits the allegations contained in

paragraph 17 to the extent supported by the source cited, which
is the best evidence of its contents; otherwise the allegations

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Case 1:16-cv-00745-ESH Document 27 Filed 12/19/16 Page 6 of 11

are denied and the Court is respectfully referred to the cited
document for a full, fair and accurate account of its contents.
18.

Defendant admits the allegations contained in

paragraph 18 to the extent supported by the source cited, which
is the best evidence of its contents; otherwise the allegations
are denied and the Court is respectfully referred to the cited
document for a full, fair and accurate account of its contents.
19.

Defendant denies the allegation contained in the first

sentence of paragraph 19.

Admits the allegations contained in

the second sentence of paragraph 18 to the extent supported by
the source cited, which is the best evidence of its contents;
otherwise denies the allegations; otherwise the allegations are
denied and the Court is respectfully referred to the cited
document for a full, fair and accurate account of its contents.
Defendant denies the allegations contained in the remaining
sentences of paragraph 19.
20.

Defendant admits the allegations contained in

paragraph 20 to the extent supported by the source cited, which
is the best evidence of its contents; otherwise the allegations
are denied and the Court is respectfully referred to the cited
document for a full, fair and accurate account of its contents.

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Case 1:16-cv-00745-ESH Document 27 Filed 12/19/16 Page 7 of 11

21.

Defendant denies the allegations contained in the

first sentence of paragraph 21, and admits the allegations
contained in the second and third sentence of paragraph 21 to
the extent supported by the sources cited, which are the best
evidence of their contents; otherwise the allegations are denied
and the Court is respectfully referred to the cited document for
a full, fair and accurate account of its contents.
22.

Admits the allegations contained in paragraph 22 to

the extent supported by the source cited, which is the best
evidence of its contents; otherwise denies the allegations.
23.

Denied.

24.

The allegations contained in the last sentence of

paragraph 24 constitute conclusions of law to which no answer is
required; to the extent they may be deemed allegations of fact
they are denied.

Defendant admits the allegations contained in

the rest of paragraph 24 to the extent supported by the sources
cited, which are the best evidence of their contents; otherwise
the allegations are denied and the Court is respectfully
referred to the cited document for a full, fair and accurate
account of its contents.
25.

The allegations in the first sentence of paragraph 25

relate to a 10-year-old complaint that is not available on PACER

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Case 1:16-cv-00745-ESH Document 27 Filed 12/19/16 Page 8 of 11

and are denied for lack of knowledge or information sufficient
to form a belief as to their truth.

The allegation contained in

the last sentence of paragraph 25 constitutes a conclusion of
law to which no response is required.

Defendant admits the

allegations contained in the other sentences in paragraph 25 to
the extent supported by the source cited, which is the best
evidence of its contents; otherwise the allegations are denied
and the Court is respectfully referred to the cited document for
a full, fair and accurate account of its contents.
26.

The allegation contained in paragraph 26 constitutes

a conclusion of law to which no response is required.
27.

The allegation contained in paragraph 27 constitutes

a restatement of Plaintiffs’ case to which no response is
required; to the extent that it may be deemed an allegation of
fact, it is denied.
28.

The allegations contained in paragraph 28 constitute

conclusions of law to which no answer is required; to the extent
that it may be deemed an allegation of fact, it is denied.
29.

The allegations contained in paragraph 29, including

parts i and ii, constitute conclusions of law to which no answer
is required; to the extent that they may be deemed allegations of
fact, they are denied.

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Case 1:16-cv-00745-ESH Document 27 Filed 12/19/16 Page 9 of 11

30-34.

The allegations contained in paragraphs 30 to 34

constitute conclusions of law to which no answer is required; to
the extent that they may be deemed an allegation of fact, they
are denied.
The remainder of the Complaint is Plaintiffs’ prayer for
relief.

Defendant denies that Plaintiffs are entitled to the

relief set forth in the prayer for relief or to any relief
whatsoever.
Defendant denies each and every allegation not previously
admitted or otherwise qualified.
Affirmative Defense(s)
Plaintiffs have failed timely to exhaust administrative
remedies that were available to them and which they agreed to
employ to contest their billings, and, as a result, they have
also failed to mitigate damages.

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Case 1:16-cv-00745-ESH Document 27 Filed 12/19/16 Page 10 of 11

WHEREFORE, defendant requests that the Court enter judgment
in its favor, order that the complaint be dismissed, and grant
defendant such other and further relief as the Court may deem
just and proper.

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
555 4th Street, N.W.
Washington, DC 20530
[phone]
[e-mail]

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Case 1:16-cv-00745-ESH Document 27 Filed 12/19/16 Page 11 of 11

CERTIFICATE OF SERVICE
I HEREBY CERTIFY that service of the foregoing Answer has
been made through the Court’s electronic transmission facilities
on this 19th day of December, 2016.

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