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United States District Court

Northern District of California

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

SAN JOSE DIVISION

CHRISTIAN WELLISCH,

Plaintiff,

v.

PENNSYLVANIA HIGHER EDUCATION 

ASSISTANCE AGENCY, et al.,

Defendants.

Case No. 17-cv-00213-BLF 

ORDER GRANTING IN PART 

PLAINTIFF'S MOTION FOR 

ADMINISTRATIVE RELIEF

[Re: ECF 18]

Presently before the Court is Plaintiff Christian Wellisch’s motion for administrative relief. 

ECF 18. Through his motion, Wellisch requests the Court (1) waive costs and fees equal in scope 

to the waiver obtained by Plaintiff in state court; (2) relax the requirements for filing Chambers’ 

Copies under the Standing Order to allow Plaintiff to mail them within a reasonable time; and (3) 

waive all costs for accessing, printing, and mailing ECF copies required to be mailed to the Court. 

Id. at 2–3. Alternatively, Plaintiff asks the Court to shift the aforementioned costs to Defendants 

Pennsylvania Higher Education Assistance Agency (“PHEAA”) and James L. Preston. Id. at 3.

The Court DENIES Plaintiff’s first request to waive costs and fees equal in scope to the 

waiver obtained by Plaintiff in state court. Although the Servicemembers Civil Relief Act, 50 

U.S.C. § 3901 et seq., provides a private right of action and an award of costs and attorneys’ fees 

upon proof of violation of the Act by Defendant, 50 U.S.C. § 4042(b), the Court is not aware of a 

general fee waiver similar to state law. This denial is without prejudice to Plaintiff filing a motion 

and declaration demonstrating financial need for such a waiver.

The Court GRANTS IN PART Plaintiff’s request regarding the filing of Chambers’ 

Copies. Plaintiff must mail all Chambers’ Copies within 72 hours of filing any document.

Finally, Plaintiff must make a request for a waiver of PACER fees in a letter addressed to

Susan Y. Soong, Clerk of Court at the following address:

Case 5:17-cv-00213-BLF Document 24 Filed 02/16/17 Page 1 of 2
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United States District Court

Northern District of California

U.S. District Court, Northern District of California

450 Golden Gate Ave., 16th Floor

San Francisco, CA 94102. 

The letter should include the case number and the reason for the waiver.

As an alternative to Plaintiff’s aforementioned requests, Wellisch asks the Court to shift 

the any costs—including the costs of his telephonic appearances and printing and mailing 

Chambers’ Copies—to Defendants. Mot. 3. Defendant PHEAA objects to this alternative request

and argues that there is no authority that provides for a defendant to pay a plaintiff’s fees and costs 

prior to the resolution of the case. Opp’n, ECF 23. The Court agrees, and therefore DENIES 

Plaintiff’s alternative request to shift costs to Defendants.

IT IS SO ORDERED.

Dated: February 16, 2017

 ______________________________________

BETH LABSON FREEMAN

United States District Judge

Case 5:17-cv-00213-BLF Document 24 Filed 02/16/17 Page 2 of 2