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

Filing 34

SCHEDULING ORDER: See Order for deadlines and details. Signed by Judge Ellen S. Huvelle on January 24, 2017. (lcesh2)

Case 1:16-cv-00745-ESH Document 34 Filed 01/24/17 Page 1 of 2

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA

NATIONAL VETERANS LEGAL
SERVICES, et al.,
Plaintiffs,
v.

Civil Action No. 16-745 (ESH)

UNITED STATES OF AMERICA,
Defendant.

SCHEDULING ORDER
It is hereby ORDERED that:
1.

Plaintiffs will provide notice to class members within 90 days of the Court’s

order determining the form for class notice.
2.

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.
3.

Ten days after the notice period ends, plaintiffs will move for summary judgment

solely on the issue of liability — i.e., 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). Defendant shall file its opposition 20 days thereafter,
and plaintiffs’ reply is due 10 days after that.

Case 1:16-cv-00745-ESH Document 34 Filed 01/24/17 Page 2 of 2

4.

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.
5.

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 for the balance of the case,
including any additional discovery.
IT IS SO ORDERED.
/s/ Ellen Segal Huvelle
ELLEN SEGAL HUVELLE
United States District Judge
Date: January 24, 2017

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