IN RE APPLICATION FOR EXEMPTION FROM ELEC. PUBLIC ACCESS

No. 12-16373.

728 F.3d 1033 (2013)

In re APPLICATION FOR EXEMPTION FROM ELECTRONIC PUBLIC ACCESS FEES BY JENNIFER GOLLAN AND SHANE SHIFFLETT, Jennifer Gollan; Shane Shifflett, Applicants-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed August 29, 2013.


Attorney(s) appearing for the Case

Rochelle L. Wilcox , Davis Wright Tremaine LLP, San Francisco, CA, argued the cause and filed the briefs for the applicants-appellants. With her on the briefs was Thomas R. Burke , Davis Wright Tremaine LLP, San Francisco, CA.

H. Thomas Byron III , United States Department of Justice, Civil Appellate Division, Washington, DC, argued the cause and filed the brief for the Administrative Office of the United States Courts as amicus curiae. With him on the brief were Stuart F. Delery , Principal Deputy Assistant Attorney General, United States Department of Justice, Washington, DC, Melinda L. Haag , United States Attorney for the Northern District of California, Matthew M. Collette , Attorney, United States Department of Justice, Civil Appellate Division, Washington, DC, Robert K. Loesche , General Counsel, Administrative Office of United States Courts, Washington, DC, and Sigmund Adams , Attorney, Administrative Office of United States Courts, Washington, DC.

Opinion by Judge O'SCANNLAIN; Concurrence by Judge O'SCANNLAIN.


OPINION

O'SCANNLAIN, Circuit Judge:

We must consider our power to review a district court's administrative order denying an exemption from the fees associated with electronic access to court records.

I

A

With the Public Access to Court Electronic Records ("PACER") system users can view and print case filings, judicial opinions, and other docket information from the federal trial, bankruptcy, and appellate courts. Congress has...

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