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

Filing 41

STIPULATION AND ORDER re 40 STIPULATION WITH PROPOSED ORDER RE NOTICE AND ACCESS TO CLASS filed by Audley Barrington Lyon, Jr., Edgar Cornelio, Lourdes Hernandez-Trujillo, Jose Elizandro Astorga-Cervantes. Signed by Judge Edward M. Chen on 6/4/14. (bpfS, COURT STAFF) (Filed on 6/4/2014)

Case3:13-cv-05878-EMC Document40 Filed06/03/14 Page1 of 6

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ROBERT P. VARIAN (STATE BAR NO. 107459)
ALEXANDER K. TALARIDES (STATE BAR NO. 268068)
M. TODD SCOTT (STATE BAR NO. 226885)
ALEXIS YEE-GARCIA (STATE BAR NO. 277204)
CHRISTINE M. LOUIE (STATE BAR NO. 267929)
ORRICK, HERRINGTON & SUTCLIFFE LLP
The Orrick Building, 405 Howard Street
San Francisco, California 94105-2669
Telephone:
[phone]
Facsimile:
[phone]
Email: [e-mail]
Attorneys for Plaintiffs
[Additional Counsel appear on signature page]

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UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA
SAN FRANCISCO DIVISION

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

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vs.
U.S. IMMIGRATION & CUSTOMS
ENFORCEMENT, et al.,1

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Defendants.

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) No. 3:13-cv-05878-EMC
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) STIPULATION AND [PROPOSED] ORDER
) RE NOTICE AND ACCESS TO CLASS
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Thomas S. Winkowski, Principal Deputy Assistant Director, ICE, is substituted under
Fed. R. Civ. P. 25(d)for former Acting Director, John Sandweg, who was named as a defendant
in this action in his official capacity but resigned from this position effective February 21, 2014.

STIPULATION RE NOTICE AND ACCESS TO CLASS
No. 3:13-cv-05878-EMC

Case3:13-cv-05878-EMC Document40 Filed06/03/14 Page2 of 6

STIPULATION RE NOTICE AND ACCESS TO CLASS

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In accordance with the Court’s Order Granting Plaintiffs’ Motion for Class Certification
dated April 16, 2014 (Dkt. # 31) (“Class Certification Order”), the Parties have met and

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conferred regarding the terms and method of providing notice to class members of this litigation

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and access to information about detained class members to facilitate Class Counsel’s

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communications with and representation of the class. Pursuant to Federal Rule of Civil

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Procedure 23(c)(2) and (d) and the Class Certification Order and without prejudice to Plaintiffs’

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right to seek additional measures to facilitate access to and communication with class members,

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the Parties hereby stipulate as follows:
1.

Defendants will take steps necessary to post, in English and Spanish, the written

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notice attached as Exhibit A in all housing units of the West County Detention Facility, the Rio

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Cosumnes Correctional Center, and the Yuba County Jail (collectively “facilities”) that hold

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class members. In the unlikely event a facility will not agree to post notice, ICE will make

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alternative arrangements to provide notice such as providing notice to the alien prior to the alien
being booked into the facility or by providing notice during routine visits by ICE agents.
2.

Because class members’ identifying information is within Defendants’

possession, Defendants will provide “class lists” to Plaintiffs’ counsel on the first business day of
each month. The class lists will include the following information about each class member:
name, alien number, country of citizenship, detention facility, and date booked into facility.
3.

Because class members are in Defendants’ custody, Defendants will facilitate

Class Counsel’s communication with class members by continuing to include the ACLU of
Northern California in Defendants’ “free call platform” from the West County Detention

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STIPULATION RE NOTICE AND ACCESS TO CLASS
No. 3:13‐cv‐05878‐EMC

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Facility, the Rio Cosumnes Correctional Center, and the Yuba County Jail during the course of

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this litigation.

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4.

Defendants will not seek information from the detention facilities regarding visits

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between class members and Plaintiffs’ counsel, legal team, or experts. Any information

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Defendants receive inadvertently regarding such contact will not be used by or disclosed to any

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person, within or outside of Defendants’ agencies, for any purpose. This prohibition on

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solicitation shall not preclude Defendants from seeking information from the facilities or

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Plaintiffs through formal discovery requests, subject to the rules of discovery.

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IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.
Respectfully submitted,

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Dated: June 3, 2014

ORRICK HERRINGTON & SUTCLIFFE LLP
By:

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____/s/ Robert P. Varian____________
ROBERT P. VARIAN

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AMERICAN CIVIL LIBERTIES UNION OF
NORTHERN CALIFORNIA, INC.

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By:

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____/s/ Julia Harumi Mass__________
JULIA HARUMI MASS
JINGNI (JENNY) ZHAO
MICHAEL T. RISHER

AMERICAN CIVIL LIBERTIES UNION
NATIONAL PRISON PROJECT

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By: ____/s/ Carl Takei____________________
CARL TAKEI

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Attorneys for Plaintiffs

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STIPULATION RE NOTICE AND ACCESS TO CLASS
No. 3:13‐cv‐05878‐EMC

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Dated: June 3, 2014

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DISTRICT COURT SECTION
OFFICE OF IMMIGRATION LITIGATION
CIVIL DIVISION
U.S. DEPARTMENT OF JUSTICE
STUART F. DELERY
Assistant Attorney General

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COLIN A. KISOR
Acting Director

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ELIZABETH J. STEVENS
Assistant Director

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By:

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____/s/ Jennifer A. Bowen___________
JENNIFER A. BOWEN
KATHERINE A. SMITH
Trial Attorney
P.O. Box 868, Ben Franklin Station
Washington, DC 20044
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]

Attorneys for Defendants

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STIPULATION RE NOTICE AND ACCESS TO CLASS
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Case3:13-cv-05878-EMC Document40 Filed06/03/14 Page5 of 6

[PROPOSED] ORDER

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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United States District Court

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H

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FO

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en
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Judg

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IT IS S

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UNIT
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Dated:

RT
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S DISTRICT
TE
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TA
THE HONORABLE EDWARD M. CHEN

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June _______, 2014

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STIPULATION RE NOTICE AND ACCESS TO CLASS
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CERTIFICATION OF CONCURRENCE FROM OTHER PARTIES

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I, Robert P. Varian, am the ECF user whose ID and password are being used to file this
Stipulation and Proposed Order Regarding Notice and Access to Class. In compliance with

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General Order 45, X.B., I hereby certify that each of the other signatories has concurred in the
filing of this document and has authorized the use of his/her electronic signature.

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Dated:

June 3, 2014

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/s/ Robert P. Varian
ROBERT P. VARIAN
Orrick, Herrington & Sutcliffe LLP
The Orrick Building, 405 Howard Street
San Francisco, California 94105-2669

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STIPULATION RE NOTICE AND ACCESS TO CLASS
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EXHIBIT A

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Please read this notice.
If you are detained by U.S. Immigration and Customs Enforcement, you may have
important rights related to the use of the telephones to work on your immigration case.

A federal court has approved a “class action,” which is a lawsuit brought on behalf of a
group of people instead of a single person. If you are an immigration detainee in this detention
facility, you are part of a class action called Lyon v. Immigration and Customs Enforcement. The
lawsuit argues that problems with telephone access harm your ability to fight deportation and
violate your rights. The lawsuit seeks to improve telephone access in immigration detention. It
does not seek a money judgment.

If you are a member of this class, you do not need to sign up to be part of the lawsuit.
You also cannot choose to be left out of the lawsuit. The rights of the class will be determined
through the lawsuit.

If you are an immigration detainee and would like to know more about the lawsuit, please
contact Julia Harumi Mass by telephone (dial 9160# on the free telephone line) or by mail (label
your envelope “Legal Mail” and send it to: ACLU of Northern California, 39 Drumm Street, San
Francisco, CA 94111). Please provide the following information:
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Your full name
Your A# (an 8 or 9 digit number written on your immigration documents)
Your country of origin
Your detention facility
The date of your next court hearing
Any difficulties you have experienced with telephone use and any harm to your
immigration case that resulted
Any other information you believe is important