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

Filing 38

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

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
[phone]
[e-mail]

-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
[phone]
[e-mail]