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

Filing 39

NOTICE of Joint Filing of Proposed Order by ALLIANCE FOR JUSTICE, NATIONAL CONSUMER LAW CENTER, NATIONAL VETERANS LEGAL SERVICES PROGRAM re #37 Unopposed MOTION For Approval of Plan of Class Notice (Attachments: #1 Text of Proposed Order)(Narwold, William)

Case 1:16-cv-00745-ESH Document 39 Filed 03/31/17 Page 1 of 4

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,

Civil Action No. 16-745 ESH

v.
UNITED STATES OF AMERICA,
Defendant.

NOTICE OF JOINT FILING OF PROPOSED ORDER
In accordance with the Court’s January 24, 2017 Order (Dkt. #32), Plaintiffs National
Veterans Legal Services Program, National Consumer Law Center, and Alliance for Justice, on
behalf of themselves and the Plaintiff Class, submitted a proposed Plan of Class Notice for the
Court’s approval on February 23, 2017 (Dkt. #37). In connection to their Unopposed Motion and
pursuant to LCvR 7(c), Plaintiffs filed a proposed order. (Dkt. #37-4). While the parties had
earlier agreed to the future submission of a proposed protective order, Plaintiffs inadvertently did
not include language in paragraph 3 of the proposed order that referred to a protective order.
Further, in its response to the Unopposed Motion, Defendant identified a misunderstanding
between the parties about the scope of the account data that would be produced given that federal
agencies are excluded from the class definition. (Dkt. #38). Accordingly, following several
discussions, the parties now jointly file the attached proposed order, in lieu of the proposed order
filed on February 23, with the following modified language:
3.
To the extent they are not already produced,
Defendant shall, upon entry of an appropriate protective order,
produce to Plaintiffs’ counsel the available names, postal addresses,

Case 1:16-cv-00745-ESH Document 39 Filed 03/31/17 Page 2 of 4

email addresses, phone numbers, and PACER-assigned account
numbers of all individuals and entities who have paid PACER fees
(“PACER Fee Database”) during the class period. For purposes of
this paragraph, “individuals and entities” is defined as all PACER
users except the following: (1) any user who, during the quarter
billed, is on the master Department of Justice list for that billing
quarter; (2) any user with an @uscourts.gov email address
extension; or (3) any user whose bill is sent to and whose email
address extension is shared with a person or entity that receives bills
for more than one account, provided that the shared email address
extension is one of the following: @oig.hhs.gov, @sol.doi.gov,
@state.gov,
@bop.gov,
@uspis.gov,
@cbp.dhs.gov,
@usss.dhs.gov, @irscounsel.treas.gov, @dol.gov, @ci.irs.gov,
@ice.dhs.gov, @dhs.gov, @ssa.gov, @psc.uscourts.gov, @sec.gov,
@ic.fbi.gov, @irs.gov, and @usdoj.gov.
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For example, [e-mail] at 200 Constitution
Avenue, NW, Washington, DC 20210 receives bills for
[e-mail],
[e-mail],
and
[e-mail].
None
of
those
email
addresses
([e-mail], [e-mail], [e-mail], and
[e-mail]) would receive notice.

Dated: March 31, 2017
Respectfully submitted,
By: /s/ William H. Narwold
MOTLEY RICE LLC

CHANNING D. PHILLIPS
DC Bar No. 415793
United States Attorney

William H. Narwold
[e-mail]
DC Bar No. 502352
One Corporate Center
20 Church Street, 17th Floor
Hartford, CT 06103
Telephone: [phone]
Facsimile: [phone]

DANIEL F. VAN HORN
DC Bar No. 924092
Chief, Civil Division
By: /s/ W. Mark Nebeker
W. MARK NEBEKER, DC Bar No. 396739
Assistant United States Attorney
555 4th Street, N.W.
Washington, DC 20530
[phone]
[e-mail]

GUPTA WESSLER PLLC
Deepak Gupta, Esq.
[e-mail]
Jonathan E. Taylor
[e-mail]

Counsel for Defendant

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Case 1:16-cv-00745-ESH Document 39 Filed 03/31/17 Page 3 of 4

1735 20th Street, NW
Washington, DC 20009
Telephone: [phone]
Facsimile: [phone]
Counsel for Plaintiffs and the Class

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Case 1:16-cv-00745-ESH Document 39 Filed 03/31/17 Page 4 of 4

CERTIFICATE OF SERVICE
I, William H. Narwold, declare that I am over the age of eighteen (18) and not a party to
the entitled action. I am a principal of the law firm MOTLEY RICE LLC, and my office is located
at One Corporate Center, 20 Church Street, 17th Floor, Hartford, CT 06103.
On March 31, 2017, I caused to be filed the following in the above-captioned case:
Notice of Joint Filing of Proposed Order
with the Clerk of Court using the Official Court Electronic Document Filing System, which served
copies on all interested parties registered for electronic filing.
I declare under penalty of perjury that the foregoing is true and correct.

Dated: March 31, 2017

Respectfully submitted,
By: /s/ William H. Narwold
William H. Narwold
MOTLEY RICE LLC

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