|Submitted||April 6, 2015|
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To Whom It May Concern:
Pursuant to Delaware's Freedom of Information Act, I hereby request the following records:
I am trying to determine how much money (if any) the University of Delaware is spending on access to federal court documents and other primary legal materials. Specifically, I am requesting copies of:
- Any memoranda or budgetary documents that detail the total amount actually spent or the amount budgeted to be spent by the University of Delaware to access the PACER system run by the Administrative Office of the United States Courts. I am interested in how much was spent or was budgeted to be spent in the period from 2000 to the present, as well as budget items for future fiscal periods.
- Any agreements, contracts, or memoranda of understanding between the University of Delaware and the Administrative Office of the United States Courts governing access to the PACER system by University of Delaware staff and students.
- Any memoranda or other documents from University of Delaware management to staff and/or students asking them to curtail, limit, or otherwise ration their use of the PACER system due to cost considerations.
- Any contracts, memoranda, or budgetary materials detailing the specific agreements and amount of money spent by the University of Delaware with commercial legal information providers such as Thomson WestLaw, Bloomberg Law, or the Reed Elsevier LexisNexis service. While I understand such commercial legal information providers have more than just federal data, documents pertaining to the amount spent or budgeted, contracts, and memoranda relating to curtailing use because of cost are all relevant to this inquiry.
The requested documents will be made available to the general public free of charge as part of the public information service at MuckRock.com, and is not being made for commercial usage.
In the event that fees cannot be waived, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.
Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 15 business days, as the statute requires.
Dear Mr. Rudenberg:
Thank you for your email dated April 6, 2015. Your request under
Delaware’s Freedom of Information Act has been referred to me, and it is my
privilege to respond on behalf of the University of Delaware. Your request
relates, in general. to the University's expenditures for accessing federal
court documents and primary legal materials using PACER and other forms of
Our State’s Freedom of Information Act exempts the University of Delaware
from statutory coverage except in certain limited respects. The University
is covered by the Freedom of Information Act only to the extent that
requests relate to “the expenditure of public funds . . . .” §10002(i).
Public funds are “those funds derived from the State or any political
subdivision of the State.” §10002(k). Because the information you seek does
not relate to the expenditure of public funds, the University respectfully
declines your records request.
Again, thank you for writing.
*University of Delaware*
*Office of General Counsel*
*112 Hullihen Hall*
*Newark, DE 19716*
*(302) 831-7366 <%28302%29%20831-7366>*
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