Filing 38

RESPONSE re #37 Unopposed MOTION For Approval of Plan of Class Notice filed by UNITED STATES OF AMERICA. (Nebeker, William)

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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. ) ) ______________________________) RESPONSE TO MOTION FOR APPROVAL OF PLAN OF CLASS NOTICE Counsel for Defendant believes that the parties have reached agreement on the form that the class notice in this action should take. Defendant has not, however, agreed on the form of the order that would adopt the class notice. Counsel for the parties are discussing the language that would be appropriate for the order; but, for instance, Defendant believes that a protective order is required before private information about PACER users should be disclosed. Moreover, counsel for Defendant is unconvinced that disclosure of account information involving users providing Federal Government email addresses is warranted, given that federal government agencies are excluded from the class. Counsel intend to continue their dialog on these topics, but Defendant does not want the Court to act on the mistaken belief that counsel for Defendant had supports the proposed order provided by Plaintiffs with the “Plaintiffs’ Unopposed Motion For Approval Of Plan Of Class Notice.” WHEREFORE, Defendant requests that the Court defer entering the order proposed by Plaintiffs and await an anticipated proposed order that is acceptable to all parties. 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 (202) 252-2536 -2- CERTIFICATE OF SERVICE I HEREBY CERTIFY that service of the foregoing response has been made through the Court’s electronic transmission facilities on this 28th day of February, 2017. /s/ W. MARK NEBEKER, DC Bar #396739 Assistant United States Attorney 555 4th Street, N.W. Washington, DC 20530 (202) 252-2536

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