Cancino Castellar et al v. Kelly et al

Filing 255

ORDER Granting 254 Joint Motion for Dismissal with Prejudice. Signed by Judge Jinsook Ohta on 3/20/2024. (exs)

se 3:17-cv-00491-JO-AHG Document 254-1 Filed 03/19/24 PagelD.4844 Pag e 1 of 2

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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,

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vs.
Alejandro MA YORKAS, Secretary of
Homeland Security; et al.,

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

[
ORDER GRANTING
JOINT MOTION FOR DISMISSAL
WITH PREJUDICE
District Judge: Hon. Jinsook Ohta
Magistrate Judge: Hon. Allison H. Goddard

Defendants-Respondents.

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Presently before the Court is the Parties ' Joint Motion for Dismissal with

23 Prejudice, filed in accordance with Section 11.e of the Settlement Agreement
24 ("Agreement") (ECF No. 242-2).
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On January 24, 2024, the Court preliminarily approved the proposed Agreement

26 and approved the proposed Notice Plan as described in the proposed Agreement at § 10,
27 and it ordered a 30-day notice period to commence on January 31, 2024. ECF No. 245.
28 The notice period ended on February 29, 2024. No objections were filed with the Court,

se 3:17-cv-00491-JO-AHG Document 254-1 Filed 03/19/24 PagelD.4845 Page 2 of 2

1 and Class Counsel reported that no objections were lodged with them. The Court held a
2 fairness hearing on the motion on March 14, 2024. On March 18, 2024, the Court
3 granted final approval of the Agreement. ECF No. 252.
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IT IS HEREBY ORDERED
1. The Court dismisses this action with prejudice.
2. United States Magistrate Judge Allison H. Goddard retains jurisdiction to
enforce the terms of the Agreement for a period of up to three (3) years after
dismissal of the action. Defendants may request early termination of
jurisdiction and the obligations of the Agreement if, after submitting four
consecutive reports pursuant to Section 7 of the Agreement, they have
demonstrated substantial compliance with the terms of the Agreement.

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3. The terms of Sections 2 through 5 of the Agreement shall only be enforced on

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an individual basis, with respect to the application of such terms to an

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individual class member against whom proceedings under 8 U.S.C. §§ 1221-

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1231 have been initiated.

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4. The obligations of the Agreement shall automatically terminate at the same

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time as the Court's jurisdiction. At that time, the Agreement shall dissolve

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without further action.

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21 IT IS SO ORDERED.

;I)

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23 DATED: March __, 2024
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Ho~Ohta
United States District Judge

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