National Veterans Legal Services Program v. United States

District of Columbia

National Veterans Legal Services Program v. United States

CourtDistrict Court, District of Columbia

DecidedMarch 20, 2024

DocketCivil Action No. 2016-0745

StatusPublished

This text of National Veterans Legal Services Program v. United States (National Veterans Legal Services Program v. United States) is published on Counsel Stack Legal Research, covering District Court, District of Columbia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

National Veterans Legal Services Program v. United States, (D.D.C. 2024).

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Opinion

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, Civil Action No. 1H-0745 (PLF) v.

UNITED STATES OF AMERICA, Defendant.

FINAL JUDGMENT AND ORDER ON FINAL APPROVAL OF CLASS SETTLEMENT, ATTORNEY’S FEES, COSTS, AND SERVICE AWARDS This matter came before the Court on October 12, 2023 for a hearing pursuant to the

Order of this Court, dated May 8, 2023, on the application of the Settling Parties for approval

of the Settlement set forth in the Class Action Settlement Agreement, as amended. Due and

adequate notice having been given to the Class as required in the Order, the Court having

considered all papers filed and proceedings held herein, and for the reasons explained in this

Court’s Opinion issued today, and good cause having been shown, IT IS HEREBY ORDERED,

ADJUDGED AND DECREED that:

1. This Judgment incorporates by reference the definitions in the Settlement

Agreement, and all terms used herein shall have the same meanings as set forth in the Settlement

Agreement, unless otherwise stated herein.

2. This Court has jurisdiction over the subject matter of the Litigation and over all

parties to the Litigation, including all members of the Class.

3. Excluded from the Class is any person who timely and validly sought exclusion

from the Class, as identified in Exhibit 1 hereto. 4. Pursuant to Rule 23 of the Federal Rules of Civil Procedure, this Court hereby

approves the Settlement set forth in the Agreement, and finds that:

a. in light of the benefits to the Class and the complexity and expense of

further litigation, the Settlement Agreement is, in all respects, fair, reasonable, and adequate and

in the best interests of the Class;

b. there was no collusion in connection with the Settlement Agreement;

c. Class Representatives and Class Counsel had adequately represented the

Class;

d. the Settlement Agreement was the product of informed, arm’s-length

negotiations among competent, able counsel;

e. the relief provided for the Class is adequate, having taken into account (i)

the costs, risks and delay of trial and appeal; (ii) the effectiveness of the proposed method of

distributing relief to the Class, including the use of billing data maintained by the Administrative

Office of the U.S. Courts and the notification and dispute procedures on the class website; (iii)

the terms of any proposed award of attorney’s fees, including timing of payment; and (iv) any

agreement required to be identified under Federal Rule of Civil Procedure 23(e)(3);

f. the Settlement Agreement treats Class Members equitably relative to each

other; and

g. the record is sufficiently developed and complete to have enabled Class

Representatives and Defendant to have adequately evaluated and considered their positions.

5. Accordingly, the Court authorizes and directs implementation and performance of

all the terms and provisions of the Settlement Agreement, as well as the terms and provisions set

forth in this Order. Except as to any individual claim of those persons who have validly and

2 timely requested exclusion from the Class, the Litigation and all claims alleged therein are

dismissed with prejudice as to the Class Representatives, and the other Class Members, as

defined in the Settlement Agreement.

6. No person shall have any claim against the Class Representatives, Class Counsel,

or the Claims Administrator, or any other person designated by Class Counsel, based on

determinations or distributions made substantially in accordance with the Settlement Agreement

or order of this Court.

7. Upon release of the Aggregate Amount of $125,000,000 from the U.S.

Department of the Treasury’s Judgment Fund, the Class Representatives, and each of the Class

Members not timely and validly excluded, shall be deemed to have and by operation of this

Judgment shall have, fully, finally, and forever waived, released, discharged, and dismissed as to

the United States, its political subdivisions, its officers, agents, and employees, including in their

official and individual capacities, any and all claims, known or unknown, that were brought or

could have been brought against the United States for purported overcharges of any kind arising

from their use of PACER during the Class Period, with prejudice on the merits, whether or not

the Class Representatives, or each of the Class Members ever obtains any distribution from the

Settlement Fund. Claims to enforce the terms of the Stipulation and the Agreement are not

released.

8. The distribution and publication of notice of the settlement as provided for in this

Court’s Order of May 8, 2023, constituted the best notice practicable under the circumstances,

including individual notice to Class Members in the data maintained by the Administrative

Office of the U.S. Courts. This notice fully satisfied the requirements of Federal Rule of Civil

Procedure 23 and due process. No Class Member is relieved from the terms of the Settlement

3 Agreement, including the releases provided for, based on the contention or proof that such Class

Member failed to receive actual or adequate notice. A full opportunity has been offered to the

Class Members to object to the proposed Settlement and to participate in the approval hearing. It

is hereby determined that all members of the Class are bound by this Judgment, except those

persons listed in Exhibit 1 to this Judgment.

9. Any order entered regarding any fee and expense application, any appeal from

any such order, or any reversal or modification of any such order shall not affect or delay the

finality of the Final Judgment in this litigation.

10. Neither the Settlement Agreement, nor any act performed or document executed

pursuant to or in furtherance of the Settlement Agreement: (a) is or may be deemed to be or may

be used as an admission of, or evidence of, the validity of any released claim, or of any

wrongdoing or liability of the United States; or (b) is or may be deemed to be or may be used as

an admission or evidence that any claims asserted by plaintiffs were not valid or that the amount

recoverable would not have exceeded the Aggregate Amount of $125,000,000 in any civil,

criminal, or administrative proceeding in any court, administrative agency or other tribunal. The

United States may file the Settlement Agreement or this Judgment in any other action that may

be brought against it in order to support a defense or counterclaim based on principles of res

judicata, collateral estoppel, release, good faith settlement, judgment bar or reduction, or any

other theory of claim preclusion or issue preclusion or similar defense or counterclaim.

11. The United States shall pay $125,000,000 into the PACER Class Action

Settlement Trust upon the expiration of the period to appeal from this Order.

12. Without affecting the finality of this Judgment in any way, this Court hereby

retains continuing jurisdiction over: (a) implementation of the Settlement and any award or

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