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

Filing 8

MOTION to Certify Class by ALLIANCE FOR JUSTICE, NATIONAL CONSUMER LAW CENTER, NATIONAL VETERANS LEGAL SERVICES PROGRAM (Attachments: #1 Declaration of Deepak Gupta, #2 Declaration of William Narwold, #3 Declaration of Jonathan Taylor, #4 Text of Proposed Order)(Gupta, Deepak)

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EXHIBIT 3

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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,

Case No. 16-745-ESH

v.
UNITED STATES OF AMERICA,
Defendant.
DECLARATION OF JONATHAN E. TAYLOR IN SUPPORT OF
PLAINTIFFS’ MOTION FOR CLASS CERTIFICATION
I, Jonathan E. Taylor, declare as follows:
1.

I am a principal at Gupta Wessler PLLC and am one of the lead attorneys

for the plaintiffs.
2.

Attached as Exhibit A is a true and correct copy of a letter from Senator

Lieberman to Senators Richard Durbin and Susan Collins, dated March 25, 2010,
expressing “concerns about how the Administrative Office of the Courts is interpreting a
key provision of the E-Government Act relating to public access to Court records.” I
obtained the letter from the website of the U.S. Senate Committee on Homeland Security
& Governmental Affairs, http://1.usa.gov/1NQ6u0v.
3.

Attached as Exhibit B is a true and correct copy of a letter from Senator

Joseph Lieberman to Judge Lee Rosenthal, dated February 27, 2009, in which Senator
Lieberman asks whether the PACER system—which generates revenue that is “well

1

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higher than the cost of dissemination”—complies with the E-Government Act of 2002. I
obtained the letter from Public.Resource.org, http://bit.ly/23jXRx0.
4.

My colleague Stephanie Garlock and I created the graph of PACER

revenue over time that appears at page 8 of the motion for class certification. We created
the graph using data from the Judicial Branch appendix to the annual Budget of the
United States Government, published on the U.S. Government Publishing Office’s
website, which can be accessed at http://1.usa.gov/1TFS4yZ. In each annual budget,
the judiciary reports PACER revenue for past fiscal years as a receipt of the Judiciary
Information Technology Fund—specifically, as “Proceeds from Sale of Property,
Judiciary Information Technology Fund.”1
I declare under penalty of perjury, pursuant to 28 U.S.C. § 1746, that the
foregoing is true and correct.
Executed on May 2, 2016.

/s/ Jonathan E. Taylor
_____________________________
Jonathan E. Taylor

We used the following documents as sources, with each fiscal year budget
providing data on the most recently completed fiscal year (thus, for example, we used the
FY 2015 data found in the FY 2017 budget): FY 2017 (http://1.usa.gov/1OaQ8u3); FY
2016 (http://1.usa.gov/23j6FDi); FY 2015 (http://1.usa.gov/24u9QdT); FY 2014
(http://1.usa.gov/1rNqvva); FY 2013 (http://1.usa.gov/26KRS8W); FY 2012
(http://1.usa.gov/1VH266J); FY 2011 (http://1.usa.gov/1SV1kPY); FY 2010
(http://1.usa.gov/1rdeNJj); FY 2009 (http://1.usa.gov/1SXlLib); FY 2008
(http://1.usa.gov/1X4ISXS); FY 2007 (http://1.usa.gov/26KSnzG); FY 2006
(http://1.usa.gov/1OaRhSy); FY 2005 (http://1.usa.gov/1WCIHTi); FY 2004
(http://1.usa.gov/1pWNP7K); FY 2003 (http://1.usa.gov/1TFT6Lw); FY 2002
(http://1.usa.gov/1VH2l1u); FY 2001 (http://1.usa.gov/1WCITly); FY 2000
(http://1.usa.gov/1TFTfhV).
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EXHIBIT A

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EXHIBIT B

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