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)

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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 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:,,,,,,,,,,,,,,,,, and 1 For example, at 200 Constitution Avenue, NW, Washington, DC 20210 receives bills for,, and None of those email addresses (,,, and 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 DC Bar No. 502352 One Corporate Center 20 Church Street, 17th Floor Hartford, CT 06103 Telephone: (860) 882-1676 Facsimile: (860) 882-1682 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 (202) 252-2536 GUPTA WESSLER PLLC Deepak Gupta, Esq. Jonathan E. Taylor Counsel for Defendant 2 Case 1:16-cv-00745-ESH Document 39 Filed 03/31/17 Page 3 of 4 1735 20th Street, NW Washington, DC 20009 Telephone: (202) 888-1741 Facsimile: (202) 888-7792 Counsel for Plaintiffs and the Class 3 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 4

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