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

Filing 44

ORDER granting #42 Plaintiffs' Unopposed Motion for Approval of Revised Plan of Class Notice and Class Notice Documents: See Order for details. Signed by Judge Ellen S. Huvelle on April 17, 2017. (lcesh2)

Case 1:16-cv-00745-ESH Document 44 Filed 04/17/17 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.
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 Revised Plan of Class Notice and
Class Notice Documents (“Plaintiffs’ Motion,” dkt. #42);
IT IS HEREBY ORDERED THAT:
1.

Plaintiffs’ Motion is GRANTED.

2.

The Revised Email Notice of Pendency of Class Action Lawsuit (“Email

Notice”); the Revised Postcard Notice of Pendency of Class Action Lawsuit (“Postcard
Notice”); the long-form Notice of Pendency of Class Action available online (“Long-Form
Notice”); the printable Exclusion Form; and the online Exclusion Form are hereby approved as
to form. See Exhibits 1 and 2 to Notice of Filing of Revised Notice Documents (“Notice of
Filing,” dkt. #43); Exhibits 3, 4, and 5 to Plaintiffs’ Motion.

Case 1:16-cv-00745-ESH Document 44 Filed 04/17/17 Page 2 of 4

3.

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

counsel under the terms of the Stipulated Protective Order (dkt. #41) the available names, postal
addresses, 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 PACER bill is sent to and whose email address extension is shared with a
person or entity that receives PACER 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.1
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 the Notice of Filing, 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. The sender of the email shall appear to recipients as “PACER Fees
Class Action Administrator,” and the subject line of the email will be “PACER Fees – Notice
of Class Action Lawsuit.”

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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 address ([e-mail], [e-mail], [e-mail], and
[e-mail]) would receive notice.
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Case 1:16-cv-00745-ESH Document 44 Filed 04/17/17 Page 3 of 4

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) thirty days after entry of an Order approving this Plan,

or (b) thirty days after Plaintiffs receive the PACER Fee Database from Defendant, Plaintiffs,
through KCC, will establish and maintain a website in order to respond to inquiries by potential
class members. The website shall include the complete text of the Long-Form Notice attached
to Plaintiffs’ Motion as Exhibit 3, the printable Exclusion Request form, the online Exclusion
Request form, this Order, Plaintiffs’ Class Action Complaint (dkt. #1), Defendant’s Answer (dkt.
#27), the Order on the Motion for Class Certification (dkt. #32), the Memorandum Opinion on the
Motion for Class Certification (dkt. #33), and other relevant documents.
7.

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 the Notice of Filing, 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 Postcard Notice shall direct potential class members to the website maintained by the
Claims Administrator.
8.

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.

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Case 1:16-cv-00745-ESH Document 44 Filed 04/17/17 Page 4 of 4

9.

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

format provided for in Plaintiffs’ 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.

/s/ Ellen Segal Huvelle
The Honorable Ellen Segal Huvelle
United States District Judge

Dated: April 17, 2017

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