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

Filing 37

Unopposed MOTION For Approval of Plan of Class Notice by ALLIANCE FOR JUSTICE, NATIONAL CONSUMER LAW CENTER, NATIONAL VETERANS LEGAL SERVICES PROGRAM (Attachments: #1 Exhibit 1 - Email Notice, #2 Exhibit 2 - Postcard Notice, #3 Exhibit 2 - Website Notice, #4 Text of Proposed Order)(Narwold, William)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA

NATIONAL VETERANS LEGAL
SERVICES PROGRAM, NATIONAL
CONSUMER LAW CENTER, and
ALLIANCE FOR JUSTICE, for themselves
and all others similarly situated,
Plaintiffs,

Case No. 16-745

v.
UNITED STATES OF AMERICA,
Defendant.

[PROPOSED] ORDER APPROVING PLAN OF CLASS NOTICE
WHEREAS, on January 24, 2017, this Court certified the following Class:
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 entities.
Therefore, pursuant to Rule 23(c)(2)(B) of the Federal Rules of Civil Procedure, and based upon
the record and Plaintiffs’ Unopposed Motion for Approval of Plan of Class Notice;
IT IS HEREBY ORDERED THAT:
1.

Plaintiffs’ Unopposed Motion for Approval of Plan of Class Notice (“Plaintiffs’

Motion”) is GRANTED.
2.

The Email Notice of Pendency of Class Action Lawsuit (“Email Notice”); the

Postcard Notice of Pendency of Class Action Lawsuit (“Postcard Notice”); and the long-form
Notice of Pendency of Class Action available online (“Long-Form Notice”) are hereby approved
as to form. See Exhibits 1, 2, and 3 to Plaintiffs’ Unopposed Motion for Approval of Plan of Class
Notice.

3.

To the extent they are not already produced, Defendants shall produce to Plaintiffs

the names, postal addresses, email addresses, phone numbers, and PACER-assigned account
numbers of all individuals or entities who have paid PACER fees (“PACER Fee Database”) during
the class period.
4.

On or before the later of (a) thirty days after entry of this Order or (b) thirty days

after Plaintiffs receive the PACER Fee Database from Defendant, KCC LLC (the “Claims
Administrator”) shall cause the Email Notice to be disseminated, in substantially the same form
attached as Exhibit 1 to Plaintiffs’ Motion, by sending it out via email to potential class members.
The Email Notice shall direct potential class members to a website maintained by the Claims
Administrator that will contain, among any other relevant documents, the Long-Form Notice
(Exhibit 3 to Plaintiffs’ Motion); this Order; Plaintiffs’ Class Action Complaint (dkt. #1);
Defendant’s Answer (dkt. #27); the Order on the Motion for Class Certification (dkt. #32); and the
Memorandum Opinion on the Motion for Class Certification (dkt. #33).
5.

On or before the later of (a) thirty days after entry of this Order or (b) thirty days

after Plaintiffs receive the PACER Fee Database from Defendant, the Claims Administrator shall
make available to potential class members automated telephone support to handle any inquiries
from potential class members.
6.

On or before the later of (a) forty-five days after entry of this Order or (b) forty-

five days after Plaintiffs receive the PACER Fee Database from Defendant, the Claims
Administrator shall cause the Postcard Notice to be disseminated, in substantially the same form
attached as Exhibit 2 to Plaintiffs’ Motion, by sending it out via U.S. mail to all potential class
members (1) without an email address and (2) for whom email delivery was unsuccessful. The

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Postcard Notice shall direct potential class members to the website maintained by the Claims
Administrator.
7.

On the later of (a) ninety days after entry of this Order or (b) ninety days after

Plaintiffs receive the PACER Fee Database from Defendant, the opt-out period shall expire.
8.

The Court finds that the dissemination of the Notice under the terms and in the

format provided for in the Motion and this Order constitutes the best notice practicable under the
circumstances, that it is due and sufficient notice for all purposes to all persons entitled to such
notice, and that it fully satisfies the requirements of due process and all other applicable laws.
IT IS SO ORDERED.

_____________________________
The Honorable Ellen Segal Huvelle
United States District Judge

Dated: _____________

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