Martins v. United States Citizenship and Immigration Services et al

Filing 47

ORDER re 46 Settlement Agreement Regarding Attorneys' Fees. Signed by Judge Laurel Beeler on 12/20/2013. (lblc2, COURT STAFF) (Filed on 12/20/2013)

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THOMAS R. BURKE (SBN 141930)
DAVIS WRIGHT TREMAINE LLP
505 Montgomery Street, Suite 800
San Francisco, California 94111-6533
Telephone: [phone]
Facsimile: 415.276.6599
[e-mail]

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DAVIS WRIGHT TREMAINE LLP

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Attorneys for Plaintiff JEFFERY MARTINS
(Additional counsel on next page)
MELINDA HAAG (CSBN 132612)
United States Attorney
ALEX G. TSE (CSBN 152348)
Chief, Civil Division
ABRAHAM A. SIMMONS (CSBN 146400)
Assistant United States Attorney
U.S. Attorney’s Office/CivilthDivision
450 Golden Gate Avenue, 9 Floor
San Francisco, California 94102-3495
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Attorneys for Defendants

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IN THE UNITED STATES DISTRICT COURT

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THE NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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JEFFREY MARTINS,

)
)
Plaintiff,
)
)
v.
)
)
UNITED STATES CITIZENSHIP AND
)
IMMIGRATION SERVICES, an agency of the )
United States Department of Homeland Security; )
UNITED STATES DEPARTMENT OF
)
HOMELAND SECURITY; ALEJANDRO
)
MAYORKAS, in his official capacity as Director )
of United States Citizenship and Immigration
)
Services; JANET NAPOLITANO, in her official )
capacity as Secretary of the Department of
)
Homeland Security,
)
)
Defendants.
)
)

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SETTLEMENT AGREEMENT & ORDER RE ATTYS. FEES
Case No. C 13-00591 LB
DWT 23140139v1 0200092-000002

Case No. C 13-00591 LB
SETTLEMENT AGREEMENT
REGARDING ATTORNEYS’ FEES
Action Filed: February 11, 2013

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Additional Counsel for Plaintiff
ROBIN L. GOLDFADEN (SBN 208055)
LAWYERS’ COMMITTEE FOR CIVIL RIGHTS
OF THE SAN FRANCISCO BAY AREA
131 Steuart Street, Suite 400
San Francisco, CA 94105
Telephone: [phone] ext. 201
Facsimile: 415.543.0296
[e-mail]

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DAVIS WRIGHT TREMAINE LLP

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SETTLEMENT AGREEMENT & ORDER RE: ATTY FEES
Case No. C 13-00591 LB
DWT 23140139v1 0200092-000002

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In consideration of the terms set forth in this Settlement Agreement Regarding Attorneys’

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Fees and the covenants and conditions contained herein (the “Agreement”), Plaintiff Jeffrey

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Martins (“Plaintiff”) and Defendants United States Citizenship and Immigration Services

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(USCIS), United States Department of Homeland Security (DHS), Alejandro Mayorkas, in his

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official capacity as Director of USCIS, and Rand Beers (substituted for Janet Napolitano), in his
official capacity as Secretary of the DHS, (collectively, “Defendants”), by and through their

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undersigned counsel, hereby agree as follows:
WHEREAS, on November 18, 2013, Plaintiff and Defendants (collectively, the “Parties”)

DAVIS WRIGHT TREMAINE LLP

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entered into a Settlement Agreement resolving their dispute in its entirety except for the amount of

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attorneys’ fees, if any, Defendants would pay to Plaintiff;

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WHEREAS, after good-faith negotiations, the Parties have agreed to resolve the issue of
attorneys’ fees subject to the conditions set forth in this Agreement.

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IT IS HEREBY AGREED AS FOLLOWS:
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Defendant will pay to Plaintiff’s attorneys, the sum of $250,000 (two hundred fifty thousand

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dollars) in full settlement of Plaintiff’s claim for attorneys’ fees. Payment shall be made as soon

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as practicable after Defendants provide to the Court and Plaintiff’s counsel (as contemplated by

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Paragraph 1 of the Settlement Agreement filed in this action on November 18, 2013) written

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confirmation demonstrating their compliance with the terms of the Settlement Agreement and

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upon the Court’s dismissal of the Complaint with prejudice (as contemplated by Paragraph 2 of

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the November 18, 2013, Settlement Agreement).
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1.

Although funds shall not become payable until after the complaint is dismissed

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with prejudice, to prevent delay of payment Defendant shall initiate processing a request for

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payment of the funds immediately upon execution of this Agreement so that funds are available

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when due. Payment of the sum shall be made by transmitting an Electronic Funds Transfer

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(“EFT”) or by a check payable to: Davis Wright Tremaine LLP at the address set forth below:
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SETTLEMENT AGREEMENT & ORDER RE ATTYS. FEES
Case No. C 13-00591 LB
DWT 23140139v1 0200092-000002

Davis Wright Tremaine LLP
505 Montgomery Street, Suite 800
San Francisco, California 94111-6533

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This payment shall constitute the full and final satisfaction of any and all of Plaintiff’s
claims for attorney’s fees, costs, and litigation expenses that could have been brought in the
above-captioned matter, and is inclusive of any interest, provided however that Plaintiff shall not
be precluded from seeking attorneys’ fees, costs or other litigation expenses in the event of
Defendants’ material noncompliance with the November 18, 2013 Settlement Agreement.
MELINDA HAAG
United States Attorney

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DAVIS WRIGHT TREMAINE LLP

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Dated this 20th day of December, 2013.
By:

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/s/ Abraham A. Simmon
ABRAHAM A. SIMMONS
Assistant United States Attorney
Office of the United States Attorney
for the Northern District of California
For Defendants

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Dated this 20th day of December, 2013.

/s/ Thomas R. Burke
Thomas R. Burke
Davis Wright Tremaine LLP

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Robin Goldfaden
Lawyers’ Committee for Civil Rights of the
San Francisco Bay Area
For Plaintiff

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ATTESTATION PURSUANT TO GENERAL ORDER 45
I, Thomas R. Burke, hereby attest that concurrences in the filing of this document have
been obtained from each of the signatories.

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/s/ Thomas R. Burke
Thomas R. Burke

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IT IS SO ORDERED:

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Dated this 20th day of ______, 2013.
__th
Dec.

_________________________________
Honorable Laurel Beeler
United States Magistrate Judge

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SETTLEMENT AGREEMENT & ORDER RE: ATTY FEES
Case No. C 13-00591 LB
DWT 23140139v1 0200092-000002