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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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BASIC INFORMATION <br />1. Why is this notice being provided? <br />According to the records of the Administrative Office of the United States Courts, which runs PACER, <br />individuals and entities receiving this notice have paid PACER fees between April 21, 2010 and April 21, 2016. <br />This notice explains that the Court has allowed, or "certified," a class action lawsuit that may affect you. <br />You may have legal rights and options that you may exercise before the Court decides who wins the case. <br />The Court will decide whether the claims being made against the United States are valid. Judge Ellen Huvelle of <br />the United States District Court for the District of Columbia is overseeing this class action. The lawsuit is known <br />as National Veterans Legal Services Program, et al. v. United States, Civil Action No. 1:16-cv-00745-ESH. <br />2. What is this lawsuit about? <br />This lawsuit is about whether the federal courts have charged PACER users more than necessary to cover the <br />costs of providing public access to federal court records through PACER, and if so, whether those excessive <br />fees are unlawful. <br />3. What is a class action and who is involved? <br />In a class action lawsuit, entities called "Class Representatives" (in this case the National Veterans Legal <br />Services Program, the National Consumer Law Center, and the Alliance for Justice) sue on behalf of other <br />people and entities who have similar claims. The people and entities together are a "Class" or "Class Members." <br />The entities who sued—and all the Class Members like them—are called the Plaintiffs. The United States <br />government, which they sued, is called the Defendant. One court resolves the issues for everyone in the Class— <br />except for those people who choose to exclude themselves from the Class. <br />4. Why is this lawsuit a class action? <br />The Court decided that this lawsuit can be a class action and move towards a trial because it meets the <br />requirements of Federal Rule of Civil Procedure 23,which governs class actions in federal district courts. <br />Specifically, the Court found that: <br />• The Class is so numerous that joining all Class Members is impracticable; <br />• There are legal questions and facts that are common to the Class; <br />• The Class Representatives' claims are typical of the claims of the rest of the Class; <br />• The Class Representatives and the lawyers representing the Class will fairly and <br />adequately represent the Class's interests; <br />• The common legal questions and facts are more important than questions that <br />affect only individuals; and <br />• This class action will be more efficient than having many individual lawsuits. <br />More information about why the Court is allowing this lawsuit to be a class action is in the Court's ruling on <br />Motion for Class Certification, which is available here. <br />Page 3 of 6 <br />WW <br />
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