NATIONAL VETERANS LEGAL SERVICES PROGRAM et al v. UNITED STATES OF AMERICA
ORDER granting #8 Plaintiffs' Motion to Certify Class for the reasons stated in the accompanying Memorandum Opinion. See Order for details. Signed by Judge Ellen S. Huvelle on January 24, 2017. (lcesh2)
Case 1:16-cv-00745-ESH Document 32 Filed 01/24/17 Page 1 of 2
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
NATIONAL VETERANS LEGAL
SERVICES PROGRAM, et al.,
Civil Action No. 16-745 (ESH)
UNITED STATES OF AMERICA,
For the reasons stated in the accompanying Memorandum Opinion, it is hereby
ORDERED that plaintiffs’ motion for class certification [ECF No. 8] is GRANTED;
and it is further
ORDERED that pursuant to Fed. R. Civ. P. 23(a) and 23(b)(3), a class is certified that
All individuals and entities who have paid fees for the use of PACER between April 21,
2010, and April 21, 2016, excluding class counsel in this case and federal government
It is further ORDERED that the Court certifies one class claim: that the fees charged for
accessing court records through the PACER system are higher than necessary to operate PACER
and thus violate the E-Government Act, entitling plaintiffs to monetary relief from the excessive
fees under the Little Tucker Act; it is further
ORDERED that Gupta Wessler PLLC and Motley Rice LLC are appointed as co-lead
class counsel; and it is further
ORDERED that within 30 days of the date of this Order, the parties shall file an agreed-
Case 1:16-cv-00745-ESH Document 32 Filed 01/24/17 Page 2 of 2
upon proposed form of class notice. If the parties cannot agree on a proposed form of class
notice, then they shall file separate proposed forms within 20 days of the date of this Order.
After a form of class notice has been determined by the Court, class counsel shall ensure that
individual notice is provided to all absent class members who can be identified through
reasonable efforts using the records maintained by defendant, as required by Fed. R. Civ. P.
23(c)(2), within 90 days of the Court’s order approving the form of notice. Class counsel shall
pay all costs incurred to provide notice.
It is further ORDERED that the parties shall proceed according to the Scheduling Order
issued on January 24, 2017.
/s/ Ellen Segal Huvelle
ELLEN SEGAL HUVELLE
United States District Judge
Date: January 24, 2017
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