[Ta3m-Seattle] [seattleprivacy] PACER Fees - Notice of Class Action Lawsuit

[David Ward]

The lawsuit was filed by Bryndon Fisher of Seattle and he's represented by Beth
Terrell of Terrell Marshal in Seattle.

Here's Beth Terrell's bio. She really sharp.
http://terrellmarshall.com/member/beth-terrell/

David

On Tue, May 16, 2017 at 2:05 PM, Paul English <tallpaul at engmooski.net>
wrote:

>
> Aww yiss. I don't know which "nonprofit groups" are filing this lawsuit,
> but they're getting bumped up on my donation list. :-D
>
> ---------- Forwarded message ----------
> Date: Tue, 16 May 2017 14:03:52 -0500
> From: PACER Fees Class Action Administrator <Administrator at qgemail.com>
> Subject: PACER Fees - Notice of Class Action Lawsuit
>
>
> If you paid fees to access federal court records on PACER at any time
> between April 21, 2010 and April 21, 2016, a class action lawsuit may
> affect your rights.
>
> Nonprofit groups filed this lawsuit against the United States government,
> claiming that the government has unlawfully charged PACER users more than
> necessary to cover the cost of providing public access to federal court
> records. The lawsuit, National Veterans Legal Services Program, et al. v.
> United States, Case No. 1:16-cv-00745-ESH, is pending in the U.S. District
> Court for the District of Columbia. The Court decided this lawsuit should
> be a class action on behalf of a “Class,” or group of people that could
> include you. There is no money available now and no guarantee that there
> will be.
>
> Are you included? Records of the Administrative Office of the U.S. Courts
> indicate that you paid to access records through PACER (the Public Access
> to Court Electronic Records system) between April 21, 2010 and April 21,
> 2016. The Class includes everyone that paid PACER fees between April 21,
> 2010 and April 21, 2016, excluding class counsel in this case and federal
> government entities.
>
> What is this lawsuit about? The lawsuit claims that Congress has
> authorized the federal courts to charge PACER fees only to the extent
> necessary to cover the costs of providing public access to court records,
> and that the federal courts are charging more than necessary to recover the
> costs of PACER. The lawsuit further alleges that the federal courts have
> used the excess PACER fees to pay for projects unrelated to providing
> public access to court records. The lawsuit seeks the recovery of the
> excessive portion of the fees. The government denies these claims and
> contends that the PACER fees are lawful. The Court has not decided who is
> right. The lawyers for the Class will have to prove their claims in court.
>
> Who represents you? The Court has appointed Gupta Wessler PLLC and Motley
> Rice LLC to represent the Class as “Class Counsel.” You don’t have to pay
> Class Counsel or anyone else to participate. If Class Counsel obtains money
> or benefits for the Class, they will ask the Court for an award of fees and
> costs, which will be paid by the United States government or out of any
> money recovered for the Class. By participating in the Class, you agree to
> pay Class Counsel up to 30 percent of the total recovery in attorneys’ fees
> and expenses with the total amount to be determined by the Court.
>
> What are your options? If you are a Class Member, you have a right to stay
> in the Class or be excluded from the lawsuit.
>
>
> ??PTION 1. Do nothing. Stay in the lawsuit. If you do nothing, you are
> choosing to stay in the Class. You will be legally bound by all orders and
> judgments of the Court, and you won’t be able to sue the United States
> government for the claims made in this lawsuit. If money or benefits are
> obtained, you will be able to obtain a share. There is no guarantee that
> the lawsuit will be successful.
>
>
> ??PTION 2. Exclude yourself from the lawsuit. Alternatively, you have the
> right to not be part of this lawsuit by excluding yourself or “opting out”
> of the Class. If you exclude yourself, you cannot get any money from this
> lawsuit if any is obtained, but you will keep your right to separately sue
> the United States government over the legal issues in this case. If you do
> not wish to stay in the Class, you must request exclusion in one of the
> following ways:
>
>
> 1. Send an “Exclusion Request” in the form of a letter sent by mail,
> stating that you want to be excluded from National Veterans Legal Services
> Program v. United States Case No. 1:16-cv-00745-ESH. Be sure to include
> your name, address, telephone number, email address, and signature. You
> must mail your Exclusion Request, postmarked by July 17, 2017, to: PACER
> Fees Class Action Administrator, P.O. Box 43434, Providence, RI 02940-3434.
>
> 2. Complete and submit online the Exclusion Request Form found here ->
> https://www.pacerfeesclassaction.com/LandingExclusionRequest.aspx by July
> 17, 2017.
>
> 3. Send an Exclusion Request Form, available here ->
> https://www.pacerfeesclassaction.com/LandingExclusionRequest.aspx, by
> mail. You must mail your Exclusion Request Form, postmarked by July 17,
> 2017, to: PACER Fees Class Action Administrator, P.O. Box 43434,
> Providence, RI 02940-3434.
>
>
> If you choose to exclude yourself from the lawsuit, you should decide soon
> whether to pursue your own case because your claims may be subject to a
> statute of limitations which sets a deadline for filing the lawsuit within
> a certain period of time.
>
> How do I find out more about this lawsuit? For a detailed notice and other
> documents about this lawsuit and your rights, go to ->
> http://www.PACERFeesClassAction.com, call 1-844-660-2215, write to PACER
> Fees Class Action Administrator, P.O. Box 43434, Providence, RI 02940-3434
> or call Class Counsel at 1-866-274-6615.
>
> 1-844-660-2215 OR -> http://www.PACERFeesClassAction.com
>
>
>
>
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