Cancino Castellar et al v. Kelly et al

Filing 252

ORDER Granting 250 Joint Motion for Final Approval of Settlement. Signed by Judge Jinsook Ohta on 3/18/2024. (exs)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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Jose Orlando CANCINO
CASTELLAR, Ana Maria
HERNANDEZ AGUAS, Michael
GONZALEZ,

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Plaintiffs-Petitioners,
vs.
Alejandro MAYORK.AS, Secretary of
Homeland Security; et al.,

Case No. 3:17-cv-00491-JO-AHG

Ci)
[PROt>O~ED)ilIDER GRANTING
JOINT MOTION FOR FINAL
APPROVAL OF SETTLEMENT
District Judge: Hon. Jinsook Ohta
Magistrate Judge: Hon. Allison H. Goddard

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Defendants-Respondents.

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Presently before the Court is the Parties' Joint Motion for Final Approval of

23 Settlement. On January 24, 2024, the Court preliminarily approved the proposed
24 Settlement Agreement and approved the proposed Notice Plan as described in the
25 proposed Agreement at § 10, and it ordered a 30-day notice period to commence on
26 January 31, 2024. ECF No. 245. The notice period ended on February 29, 2024. To date,
27 no objections have been filed with the Court, and Class Counsel reports that no objections
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The Court has carefully considered the Parties' Joint Motion, the proposed

2 Settlement Agreement, all filings related to the Settlement, the record in this case, the
3 factors listed in Fed. R. Civ. P. 23(e)(2), and the additional factors described by the Ninth
4 Circuit in Hanlon v. Chrysler Corp., 150 F. 3d 1011, 1026 (9th Cir. 1998). The Court held
a fairness hearing on the motion on March 14, 2024, following notice to the class as
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described above. The Court find that the Agreement is fair, reasonable, and adequate.
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IT IS HEREBY ORDERED
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The Court grants final approval of the Agreement, finding the terms of the
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Agreement are fair, reasonable, and adequate as required by Fed. R. Civ. P.
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23(e).
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The previously certified class, ECF Nos. 212, 214, remains the certified class
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for purposes of the Agreement and is explicitly defined in § l .d of the
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Agreement.
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The Court orders Defendants to pay attorneys' fees and costs in the amount

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of $645,000. The Court finds that this amount is fair, reasonable, and

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adequate.

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4.

7 of the Agreement.

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5.

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The Parties shall execute and file a Joint Motion for Dismissal of the Action
with prejudice, consistent with §§ 11.a. and 11.e. of the Agreement.

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Defendants shall provide compliance reporting to Plaintiffs consistent with §

6.

Notwithstanding the dismissal of this action, Magistrate Judge Alison H.
Goddard shall retain jurisdiction to enforce the terms of this Agreement for a
period of up to three (3) years after dismissal of the action. The Court may
enforce the terms of Sections 2 through 5 this Agreement only on an
individual basis, with respect to the application of such terms to an individual
class member against whom proceedings under 8 U.S.C. §§ 1221-1231 have
been initiated. See § 11.b. of the Agreement. Defendants may request early
termination of jurisdiction and the obligations of this Agreement pursuant to
the terms of § 11.c. of the Agreement.

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CASE NO. 3:17-CV-00491-JO-AHG

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2 IT IS SO ORDERED.
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DATED: March-11_, 2024
Un ted States District Judge

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CASE NO. 3:17-CV-00491 -JO-AHG