UNITED STATES OF AMERICA
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF MICHIGAN
IN RE: APPLICATION FOR EXEMPTION Administrative Order
FROM THE ELECTRONIC PUBLIC No. 21-MS-076
ACCESS FEES BY KATE LESCIOTTO
/
This matter is before the Court upon the application and request by Dr. Kate
Lesciotto for exemption from the fees imposed by the Electronic Public Access fee
schedule adopted by the Judicial Conference of the United States Courts.
The Court finds that Dr. Kate Lesciotto, an Assistant Professor of Anatomy at the
College of Osteopathic Medicine at Sam Houston State University, falls within the class
of users listed in the fee schedule as being eligible for a fee exemption. Additionally,
Lesciotto has demonstrated that an exemption is necessary in order to avoid unreason-
able burdens and to promote public access to information.
Accordingly, Lesciotto shall be exempt from the payment of fees for access via
PACER to the electronic case files maintained in this Court, to the extent such use is
incurred in the course of researching how forensic anthropology expert witness evidence
has been used within the US legal system. Lesciotto has narrowed the scope of her
research to 52 federal cases (attached) by identifying court opinions in those cases that
reference expert reports or testimony of forensic anthropologists. Lesciotto’s goal from
this research is to (1) analyze the methods being used by current forensic anthropologists
and (2) analyze how the participants in legal actions (judges, juries, attorneys) evaluate
forensic anthropology expert reports, with a focus on evidentiary objections.
Lesciotto shall not be exempt from the payment of fees incurred in connection with
other uses of the PACER system in this Court. Additionally, the following limitations apply:
1. This fee exemption applies only to Lesciotto (PACER Account # 6914732),
and is valid only for the purposes stated above;
2. This fee exemption applies only to the electronic case files of this Court that
are available through the PACER system;
3. By accepting this exemption, Lesciotto agrees not to sell for profit any data
obtained as a result of receiving this exemption;
4. Lesciotto is prohibited from transferring any data obtained as a result of
receiving this exemption, including redistribution via internet-based
databases;
5. This exemption is valid until December 31, 2022.
This Order may be revoked at the discretion of the Court at any time. A copy of
this Order shall be sent to the PACER Service Center.
IT IS SO ORDERED.
FOR THE COURT:
Dated: November 22, 2021 /s/ Robert J. Jonker
ROBERT J. JONKER
CHIEF UNITED STATES DISTRICT JUDGE
