Hashem v. Jessica A. McClung

Background

On July 14, 2026, Ayman Hashem, the plaintiff, asked by email for a PACER fee exemption. PACER is the federal court system used to access electronic docket entries and case documents. The order states that PACER generally charges users 10 cents per page, subject to a maximum of 30 pages, but that the fee schedule includes automatic exemptions for certain users, including parties proceeding without lawyers in some circumstances.

Ruling

The court found that Hashem was a party in the case and was proceeding without a lawyer. It therefore found that he was eligible for an automatic PACER fee exemption and granted his request.

The exemption covers only Hashem’s access through PACER to the electronic case files maintained by the Southern District of New York for this case. It does not cover other uses of PACER in that court or any other Southern District of New York cases. The order also states that Hashem may not sell for profit or transfer—including by distributing through internet-based databases—data obtained under the exemption.

The exemption applies retroactively from May 20, 2026, the date the complaint was filed, through July 7, 2026, the date the case was closed. The court stated that it may revoke the exemption at any time and directed the Clerk of Court to send the order to the PACER Service Center. Because Hashem had previously consented to electronic notice, the court found that a mailed copy was unnecessary.

Disposition and Classification

Judge J. Paul Oetken granted Hashem’s request for a PACER fee exemption. This is a procedural order because it concerns an ancillary court-access fee and does not decide the underlying claims in the case.