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FTC Sends FOIA to DOJ Asking How Much They Pay to Use PACER

Dear Ms. McFadden:

This letter constitutes a request under the Freedom of Information Act. It is being submitted on behalf of Fix the Court, a 501(c)(3) nonprofit organization that advocates for greater openness and accountability in the federal judiciary.

The request seeks the following information:

1. The amount of money in PACER fees that the U.S. Department of Justice paid in the years 2018, 2019, 2020, 2021 and 2022. Should this request be completed before the end of 2022, please include the PACER fee total from Jan. 1, 2022 until Aug. 22, 2022.

2. E-mails from, to, CC or BCC the following custodians that contain the terms “privacy,” “security,” “Case Management/Electronic Case Files,” “Public Access to Court Electronic Records,” “CM/ECF” or  “PACER” from Feb. 13, 2019, to Aug. 22, 2022:

a. Melinda Rogers, CIO, USDOJ
b. Kevin Cox, Deputy CIO, USDOJ
c. Vu Nguyen, Acting Chief Information Security Officer, USDOJ
d. Kevin Yasuda, Acting Deputy Chief Information Security Officer

If possible, I would prefer to receive this information electronically via e-mail at If records must be sent by mail, please send them to me at 348 4th Ave., #1007, Brooklyn, N.Y., 11216. If you have questions or need additional information from me, please feel free to call me at 312-545-8556.

As Fix the Court is a 501(c)(3) nonprofit organization, and in light of the regular publication and dissemination activities in which it engages, I request that any fees that may be associated with this request be waived. This request is not for commercial purposes, and the release of the information requested is not in Fix the Court’s financial interest, given that our mission is to promote transparency in the federal judiciary.

If this request is denied in whole or in part, I ask that you justify all withholdings and deletions by reference to specific exemptions of the law.

Thank you for your attention to this request.

Gabe Roth
Executive Director
Fix the Court

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