Lyon et al v. U.S. Immigration and Customs Enforcement et al

Filing 259

STIPULATION AND ORDER Motion for preliminary approval of settlement hearing set for 6/30/2016 01:30 PM in Courtroom 5, 17th Floor, San Francisco before Edward M. Chen. Signed by Judge Edward M. Chen on 6/3/16. (bpf, COURT STAFF) (Filed on 6/3/2016)

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ROBERT P. VARIAN (SBN 107459)
CHARLES J. HA (pro hac vice)
DAVID KEENAN (pro hac vice)
ALEXIS YEE-GARCIA (SBN 277204)
EMILY BROWN (SBN 308010)
ORRICK, HERRINGTON & SUTCLIFFE LLP
405 Howard Street
San Francisco, CA 94105
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
JULIA HARUMI MASS (SBN 189649)
ANGÉLICA SALCEDA (SBN 296152)
CHRISTINE P. SUN (SBN 218701)
MICHAEL T. RISHER (SBN 191627)
AMERICAN CIVIL LIBERTIES UNION FOUNDATION
OF NORTHERN CALIFORNIA
39 Drumm Street
San Francisco, CA 94111
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]

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Attorneys for Plaintiffs
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[Additional Counsel appear on signature page]
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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN FRANCISCO DIVISION

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AUDLEY BARRINGTON LYON, JR., et. al.,

JOINT STIPULATION REGARDING
SCHEDULE FOR FILING OF
SETTLEMENT AGREEMENT AND
MOTION FOR PRELIMINARY
APPROVAL OF SETTLEMENT
AGREEMENT; [PROPOSED] ORDER

Plaintiffs,

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v.
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UNITED STATES IMMIGRATION AND
CUSTOMS ENFORCEMENT, et. al.,

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Case No. 13-cv-05878 EMC

Defendants.

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JOINT STIPULATION REGARDING SCHEDULE FOR
FILING SETTLEMENT AGREEMENT AND MOTION FOR
PRELIMINARY APPROVAL

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CASE NO. 13-CV-05878 EMC

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The parties respectfully submit this joint stipulation and proposed order concerning the
schedule for submitting their settlement agreement for preliminary approval.

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Trial in this case was scheduled for May 23, 2016. On May 16, 2016, the parties reached

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an agreement in principle to settle the case, and the Court vacated the trial date. See ECF No. 256.

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The Parties have been diligently working to finalize their Settlement Agreement, which includes

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as Exhibits a proposed Final Order and proposed Preliminary and Final Notices to the Class.

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Plaintiffs also plan to file an unopposed Motion for Preliminary Approval of the Settlement

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Agreement.

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In order to finalize the language and details of the Settlement Agreement and Exhibits,

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obtain approval from Plaintiff Class Representatives and Defendants’ representatives, and provide

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the Court with thorough briefing for the preliminary approval motion, the Parties propose the

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following schedule:

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•

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June 13, 2016: Plaintiffs file unopposed motion for preliminary approval of settlement
agreement along with executed settlement agreement.

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June 30, 2016: Hearing on Plaintiffs’ motion for preliminary approval of settlement
agreement.

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JOINT STIPULATION REGARDING SCHEDULE FOR
FILING SETTLEMENT AGREEMENT AND MOTION FOR
PRELIMINARY APPROVAL

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CASE NO. 13-CV-05878 EMC

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Dated: June 1, 2016

ORRICK, HERRINGTON & SUTCLIFFE, LLP

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By:
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__/s/ Robert P. Varian_________________
ROBERT P. VARIAN (SBN 107459)

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Dated: June 1, 2016
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AMERICAN CIVIL LIBERTIES UNION
FOUNDATION OF NORTHERN
CALIFORNIA

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By:

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__/s/ Julia Harumi Mass_______________
JULIA HARUMI MASS (SBN 189649)
ANGÉLICA SALCEDA (SBN 296152)
CHRISTINE P. SUN (SBN 218701)
MICHAEL T. RISHER (SBN 191627)
39 Drumm Street
San Francisco, CA 94111
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]

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Dated: June 1, 2016

AMERICAN CIVIL LIBERTIES UNION
NATIONAL PRISON PROJECT

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By:

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_/s/ Carl Takei____________________
CARL TAKEI (SBN 256229)
915 15th Street, N.W., 7th Floor
Washington, DC 20005
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]

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Dated: June 1, 2016

VAN DER HOUT, BRIGAGLIANO, &
NIGHTINGALE, LLP

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By:

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__/s/ Megan Sallomi____________________
MEGAN SALLOMI (SBN 300580)
MARC VAN DER HOUT (SBN 80778)
180 Sutter Street, Suite 500
San Francisco, CA 94104-4029
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]

Attorneys for Plaintiffs

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JOINT STIPULATION REGARDING SCHEDULE FOR
FILING SETTLEMENT AGREEMENT AND MOTION FOR
PRELIMINARY APPROVAL

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CASE NO. 13-CV-05878 EMC

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Dated: June 1, 2016

DISTRICT COURT SECTION
OFFICE OF IMMIGRATION LITIGATION
CIVIL DIVISION
U.S. DEPARTMENT OF JUSTICE

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BENJAMIN C. MIZER
Principal Deputy Assistant Attorney General

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WILLIAM C. PEACHEY
Director

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ELIZABETH J. STEVENS
Assistant Director

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By:
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___/s/ Katherine J. Shinners_________
KATHERINE J. SHINNERS
BRIAN C. WARD
JENNIFER A. BOWEN
COLIN KISOR
Trial Attorneys
P.O. Box 868, Ben Franklin Station
Washington, D.C. 20044
Telephone: [phone]
Facsimile [phone]
Email: [e-mail]

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Attorneys for Defendants
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[PROPOSED] ORDER

S

RT

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JOINT STIPULATION REGARDING SCHEDULE FOR
FILING SETTLEMENT AGREEMENT AND MOTION FOR
PRELIMINARY APPROVAL

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R NIA

dwa
Judge E

ER

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hen

rd M. C

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FO

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_______________________________
Hon. Edward M. Chen
ED
OR ER
OJudgeD
United States District IS S
IT Court

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6/3/16

Date: ____________

S DISTRICT
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TA

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U
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PURSUANT TO STIPULATION, IT IS SO ORDERED.

UNIT
ED

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CASE NO. 13-CV-05878 EMC

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ATTESTATION OF CONCURRENCE IN JOINT FILING
Pursuant to Local Rule 5-1 (i)(3)

I, Julia Harumi Mass, hereby attest that the other signatories listed here have concurred in
the filing of this document.

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Dated: June 1, 2016

By:

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__/s/ Julia Harumi Mass_____________________
JULIA HARUMI MASS (SBN 189649)

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CERTIFICATE OF SERVICE
No: 3:13-cv-05878 EMC

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I hereby certify that on June 1, 2016, a true and correct copy of the foregoing Joint

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Stipulation Regarding Schedule for Filing Settlement Agreement and Motion for Preliminary

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Approval was served with the Clerk of the Court by using the CM/ECF system, which provided

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an electronic notice and electronic link of the same to all attorney of record through the Court’s

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CM’ECF system.

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Dated: June 1, 2016

By:

___/s/ Julia Harumi Mass________________________
JULIA HARUMI MASS (SBN 189649)

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JOINT STIPULATION REGARDING SCHEDULE FOR
FILING SETTLEMENT AGREEMENT AND MOTION FOR
PRELIMINARY APPROVAL

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CASE NO. 13-CV-05878 EMC