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06/06/2017 (2)
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06/06/2017 (2)
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Last modified
4/29/2025 1:44:32 PM
Creation date
7/13/2017 11:17:18 AM
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Meetings
Meeting Type
BCC Regular Meeting
Document Type
Agenda Packet
Meeting Date
06/06/2017
Meeting Body
Board of County Commissioners
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Dylan Reingold, County Attorney <br />William K. DeBraal, Deputy County Attorney <br />Kate Pingolt Cotner, Assistant County Attorney <br />Office Of <br />INDIAN <br />MEMORANDUM <br />TO: Board of County Commissioners <br />FROM: Dylan Reingold, County Attorney <br />DATE: May 17, 2017 <br />6D <br />Consent Agenda - RCC. 6.6.17 <br />RIVER COUNTY <br />ATTORNEY <br />SUBJECT: National Veterans Legal Services Program, et al. v. United States Class Action Lawsuit <br />BACKGROUND. <br />Nonprofit groups have sued the United States government alleging that the United States government has <br />unlawfully charged users of the Public Access to Court Electronic Records ("PACER") system more than <br />necessary to cover the costs of providing public access to federal court records. The United States District <br />Court for the District of Columbia (the "Court") has allowed the lawsuit to be a class action on behalf of <br />all individuals or entities that paid PACER fees between April 21, 2010 and April 21, 2016, excluding <br />class counsel in the case and federal government entities. Indian River County (the "County") has <br />received an email notification that the County may be a class member in this litigation. <br />By July 17, 2017, the Indian River County Board of County Commissioners (`Board") has to decide <br />whether to stay in the class or exclude itself from the class. No action is required in order to stay in the <br />class. If the County stays in the class, the County agrees to pay the attorneys for the class up to 30 percent <br />of any total recovery in attorneys' fees and expenses with the total amount to be determined by the Court. <br />FUNDING. <br />There is no funding associated with this item if the Board decides to stay in the class. Any money <br />obtained as part of any potential settlement or verdict will be deposited into the General Fund/Other <br />Miscellaneous Revenues Acct#00 103 8-3 69900 <br />RECOMMENDATION. <br />The County Attorney's Office recommends that the Board vote to stay in the class and authorize the <br />County Attorney's Office to file a claim, if and when eligible to do so. <br />ATTACHMENT(S). <br />Class Notice for National Veterans Legal Services Program, et al. v. United States Class Action Lawsuit <br />RL4M-1yU-.d.1GEN&W18 C Ct,4—&M.m.r1PACER CA..A—.dw <br />P36 <br />
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