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UNITED STATES DISTRICT COURT

[courtDistrict], [courtDivision]

[plfName]	)	Case No (LT)
Plaintiff	)	[caseNo]
)
v.	)
)
[defName]	)
Defendant	)

PLAINTIFF’S MOTION FOR AN EXEMPTION FROM PACER’S ACCESS FEES

Plaintiff, [plfName], on this [d] day of [MMM] [YYYY], respectfully asks this Honorable Court to enter an Order Exempting Plaintiff from the Fees Imposed by the PACER Fee Schedule.

Key Points:

Grounds	Poor person, greater good, not for sale, limited time

Table of Contents:

Context	2nd Page
Response	3rd Page
Certificates	8th Page
Affidavits	10th Page

Background:	Plaintiff is a poor person litigating a federal case

Problem:	Access to court records is conditioned on payment

Request:	This Court grants Plaintiff a PACER Fee Exemption

28 USC §1914 | Filing and Miscellaneous Fees | emphasis added

“(b) The clerk [of each district court] shall collect from the parties such additional fees only as are prescribed by the Judicial Conference of the United States.”

JCUS | Fee Exemptions | emphasis added1/

“Courts may exempt certain persons or classes of persons from payment of the user access fee. Examples of individuals and groups that a court may consider exempting include: indigents...

Precedence

6:07-cv-06247-DGL-JWF	- USNYWD (3/23/10)

3:20-cv-00905-MMH-JRK	- USFLMD (11/6/20)

Federal district courts have granted similar requests

Abbreviations:

JCUS	-	Judicial Conference of the United States
USFLMD	-	US District Court, Florida, Middle District
USNYWD	-	US District Court, New York, Western District

MOTION

Relevant History

PACER (Public Access to Court Electronic Records) is a third-party service of the federal Judiciary; funded through user fees set by JCUS. It houses case dockets for federal district courts (including USFLMD).

On [fileMth] [fileDy], [fileYr], Plaintiff filed an application to proceed in forma pauperis (Doc No. [docNo]).

On [appMth] [appDy], [appYr], this Court approved Plaintiff’s application (#[docNo2]).

Plaintiff received said order on [arrMth] [arrDy], [arrYr] (via postal mail).

The following day, he emailed it to PACER; asking for a fee exemption.

Yesterday –[yestMth] [yestDy], [yestYr] – PACER responded by telling Plaintiff he would need a separate order from this Court to satisfy that request.

Standard for Review

Pursuant to 28 USC §1914(b), PACER fees qualify as “additional fees” set by JCUS. According to JCUS, additional fees can be exempted by court order.

In considering granting an exemption, JCUS said that a court must find:

“that those seeking an exemption have demonstrated that an exemption is necessary in order to avoid unreasonable burdens and to promote public access to information... the user receiving the exemption must agree not to sell [or transfer] the data obtained... the exemption should be granted for a definite period of time [and] should be limited in scope.”

JCUS | USCourts.gov1/

In short, Plaintiff must show that:

the exemption is necessary to avoid unreasonable burdens;

the exemption will promote public access to information;

he will not sell/transfer the data obtained; and

access will only be needed for specific times.

Plaintiff can satisfy all four items, as follows.

Analysis

Quell an Unreasonable Burden

Plaintiff contends that PACER’s current fee schedule is too costly (and thus unreasonable) for Plaintiff’s set of circumstances.

For starters, Plaintiff is a poor person - acknowledged by this Court’s order (#[docNo2], [appM]/[appD]/[appY]).

PACER’s $0.10/page charge would operate as a deterrent to justice.

As an alternative to downloading PACER’s files, Plaintiff could visit USFLMD’s Clerk’s Office to read documents in person. This, however, has larger drawbacks:

Limited hours of access (40 hours vs 168 hours)2/

Significant travel times (3-hour roundtrip commutes)

Travel costs ($3.50 roundtrip)

Restricted physical access (due to COVID19 pandemic)

$0.10/page to print a document

Moreover, Plaintiff’s suit against Defendant originated in state court (Florida). A tribunal that did not require payment for accessing civil dockets; which further highlights the magnitude of Plaintiff’s burden.

With those factors in tow, Plaintiff states that it would be unreasonable to charge him – a poor person – money to use PACER. As such, Plaintiff asserts that he has satisfied the first prong in the 4-part test for fee exemption.

Promote Public Access to Public Information

Plaintiff avers that a PACER fee exemption would (a) enhance public access; and (b) benefit all participants of this civil action.

For starters, Plaintiff – a taxpaying US resident – is a member of the public. And as a member of the public Plaintiff is accorded the right to access public records. These public records include the court records that PACER houses.

With the current fee schedule in place, however, Plaintiff is avoiding PACER’s online portal (see ¶13 supra). Opting, instead, for free resources.

Free alternatives which inhibit Plaintiff’s ability to litigate his case. This is because they lack procedural case law; a problem not shared by PACER.

In several ways, this Court would benefit from a more-informed version of Plaintiff. For one, it would probably experience a reduced workload on account of better motions/responses/notices. Plus, this Court’s involvement in discovery disputes would likely decrease if Plaintiff’s abilities were more informed. And, of course, the record [and potential appellate proceeding] would be much cleaner with an informed Plaintiff.

Defendant – as Plaintiff contends - would enjoy these same benefits.

In short, a fee exemption would promote public access and benefit all case participants. Thus, Plaintiff has satisfied the 2nd prong in the 4-part test for fee exemption.

Not for Sale

Plaintiff will neither sell nor transfer any of the court records obtained by the fee exemption (please see Affidavit). He will only need PACER for functional reasons - prong three satisfied.

Specific Purpose

Plaintiff only needs access to PACER for the duration of his case. He defines that period like this:

Starting Date = Now (ie, [MMMM] [YYYY])

Ending Date = [a], [b], or [c] (whichever is later)

[a] = the end of the immediate case {USFLMD}

[b] = the end of the appellate case {11th Circuit}

[c] = the end of the supreme court case {US Supreme Court}

Therefore, Plaintiff has satisfied the fourth prong in the four-prong test for fee exemption.

Summary

In all, this Court has good reason to grant Plaintiff a PACER fee exemption because (a) it will alleviate him of an unreasonable burden; (b) it will serve the greater good; (c) it will be used properly; and (d) it will only be needed for the duration of Plaintiff’s case.

CONFERRAL

On [confMth] [confDy], [confYr], Defendant told Plaintiff that it [conferralStatement].

CONCLUSION

WHEREFORE, Plaintiff respectfully asks this Court to enter an Order Exempting Plaintiff from the Fees Imposed by the PACER Fee Schedule.

Dated this [D]th day of [MMM] [YYYY].

Respectfully submitted,

/s/ [plfName]

[plfName], Plaintiff

[plfAddy]

P: [plfPhn]

E: [plfEml]

W: TextBookDiscrimination.com

Get Booked Up on Justice!

CERTIFICATE OF COMPLIANCE

I certify that the size and style of type used in this document is Times New Roman 14-point Font (caption) and Courier New 12-point Font (contents); thus complying with the font requirements of Local Rule 1.05(a).

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that on this [D] day of [MMM] [YYYY], I electronically filed the foregoing with the Clerk of Courts by using its online filing page. I also emailed it to the attached service list.

/s/ [plfName]

Endnotes:

1/ source = https://www.uscourts.gov/services-forms/fees/electronic-public-access-fee-schedule
2/ “Limited Access”: 40 hours = maximum business hours per week. 168 hours = maximum electronic/natural hours per week.

How-To Guide: (interactive)

TextBookDiscrimination.com/Guides/FeeExemption.html

SERVICE LIST

[defAtt], Esquire ([barNum]) E: [defEml] P: [defPhn] (defendant’s trial lawyers)

PLAINTIFF’S AFFIDAVIT

UNITED STATES DISTRICT COURT

[courtDistrict], [courtDivision]

[plfName]	)	Case No (LT)
Petitioner	)	[caseNo]
)
v.	)
)
[defName]	)
Respondent	)

PLAINTIFF’S AFFIDAVIT IN SUPPORT OF PLAINTIFF’S UNOPPOSED MOTION FOR AN EXEMPTION FROM PACER’S ACCESS FEES

The affiant, [plfName], swears or affirms as follows:

Background

I am over the age of eighteen (18).

I am a plaintiff in the above-captioned case.

This affidavit is made in good faith.

Familiarity

I have read the Federal Rules of Civil Procedure.

I have read the Local Rules of Court (USFLMD)

Sworn Statements

I need to access federal court records.

I believe PACER’s fee schedule places an unreasonable burden on me.

I am a poor person.

I believe a fee exemption would promote public access of information.

I will not sell any of the obtained records.

I will not transfer any of the obtained records without court permission.

I only need access until the end of my civil dispute with Allstate (after exhaustion of all trial and appellate remedies).

Declarations

I declare that all of my sworn statements are true.

I understand that a false statement may result in termination of my exempt access and an assessment of Electronic Public Access usage fees.

Request

May you please grant me a PACER fee exemption? Thank you.

Verification Under Oath Pursuant to 28 USC §1746

I declare under penalty of perjury that the foregoing is true and correct. Executed this [D]th day of [MMM] [YYYY].

UNITED STATES OF AMERICA	[M]/[D]/[YYYY]
[plfName], Plaintiff

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