Abdi v. Duke, et al.
Filing
193
DECISION AND ORDER granting 189 MOTION for Preliminary Approval of Proposed Class Action Settlement and Notice and scheduling Final Approval Hearing for 12/15/2021 at 2:00 p.m. Signed by Hon. Elizabeth A. Wolford on 10/22/2021. (CDH)
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NEW YORK
HANAD ABDI and JOHAN BARRIOS RAMOS,
on behalf of himself and all others similarly situated,
Petitioners,
v.
1:17-CV-00721 EAW
ALEJANDRO MAYORKAS, in his official capacity
as Secretary of U.S. Department of Homeland
Security; THOMAS BROPHY, in his official
capacity as Acting Director of Buffalo Field Office
of Immigration and Customs Enforcement;
JEFFREY SEARLS, in his official Capacity as
Acting Administrator of the Buffalo Federal
Detention Facility; and MERRICK GARLAND, in
his official capacity as Attorney General of the
United States,
Respondents.
ORDER
GRANTING PETITIONERS’ MOTION FOR PRELIMINARY APPROVAL OF
PROPOSED CLASS ACTION SETTLEMENT AND NOTICE
This matter is before the Court on Petitioners’ Motion for Preliminary Approval of
Proposed Class Action Settlement and Notice (the “Motion”).
Having considered Petitioners’ submissions and arguments, the evidence of record,
and applicable authority, the Motion is GRANTED, as follows:
1.
The Court preliminarily approves the Settlement Agreement, submitted with
Petitioners’ Motion as Exhibit A, as within the range of reasonableness such that final
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approval is possible, and as meriting dissemination of notice to the certified class1 for its
consideration.
2.
The Final Approval Hearing shall be held before this Court on December 15,
2021, at 2:00 p.m., to address whether the proposed settlement should be finally approved
as fair, reasonable, and adequate, and whether a Final Judgment and Order should be
entered.
The Final Approval Hearing shall be conducted by Zoom for Government.
Instructions for accessing Zoom for Government will be provided to the parties and to any
objectors in advance. Any non-objecting class members or members of the public who
wish to access the Final Approval Hearing may contact the undersigned’s Chambers at
585-613-4320 or wolford@nywd.uscourts.gov for instructions.
3.
The Court approves, as to form and content, the Notice of Proposed
Settlement, submitted with Petitioners’ Motion as Exhibit B. The Notice of Proposed
Settlement is written in plain and clear terms, is easy to comprehend, and fully complies
with the requirements of the Due Process Clause of the U.S. Constitution, Rule 23 of the
Federal Rules of Civil Procedure, and applicable law. Petitioners shall have the discretion
to make non-material minor revisions to the Notice of Proposed Settlement, including to
update the submitted Notice of Proposed Settlement to account for the dates and deadlines
set forth in this Order.
1
The Court previously certified a class of “All arriving asylum-seekers who have
passed a credible fear interview and who are or will be detained at the Buffalo Federal
Detention Facility and who have not been granted parole.” (Dkt. 66 at 23).
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4.
The Court finds that the notice plan set forth in Petitioners’ Motion
constitutes the best notice practicable under the circumstances. The Court finds that the
notice plan is reasonably calculated to provide notice to the certified class of the pendency
of this action, the terms of the Settlement Agreement, and the Final Approval Hearing and
applicable deadlines, and that it complies fully with the requirements of the Due Process
Clause of the U.S. Constitution, Rule 23 of the Federal Rules of Civil Procedure, and
applicable law. The Parties shall comply with the notice plan as set forth in Petitioners’
Motion and other deadlines as set forth in this Order. Notice shall be administered in
accordance with the terms of the Settlement Agreement and as set forth in Petitioners’
Motion by no later than October 29, 2021.
5.
Any member of the certified class may submit an objection to the Settlement
Agreement. Any objection must be received by the Clerk of the Court or by Class Counsel
no later than November 29, 2021, or it will be rejected, absent a showing of good cause
that supports its consideration. Any objection must state whether it applies only to the
objector, to a specific subset of the Class, or to the entire Class, and also state with
specificity the grounds for the objection.
6.
By December 1, 2021, Class Counsel shall electronically file, via the Court’s
CM/ECF system, any and all objections received by Class Counsel on or before the
deadline for the submission of objections, as set forth in Paragraph 5 of this Order.
7.
Any party may submit a response to any objection by no later than December
8, 2021.
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8.
Class Counsel shall file a motion for entry of the Final Judgment and Order
no later than December 3, 2021. Respondents shall have no obligation to make separate
filings in support of the motion for Final Approval but may do so if they so desire.
Respondents shall appear at the Final Approval Hearing to confirm their agreement with
the terms of the Settlement Agreement.
9.
Any class member shall have the right to appear and be heard at the Final
Approval Hearing, either personally or through an attorney retained at the class member’s
own expense. However, if the class member wishes to object to the Settlement Agreement
at the Final Approval Hearing (either personally or through counsel), the class member
must timely submit a written objection in compliance with the requirements referenced in
Paragraph 5 of this Order or demonstrate good cause excusing the objector from
compliance.
10.
The Court may, for good cause, extend any of the deadlines set forth in this
Order without additional dissemination or publication of notice to the certified class,
though such extensions shall be entered in the Court’s docket and made available for public
view. The Final Approval Hearing may, from time to time and without further notice to
the certified class beyond updates to the Court’s docket, be continued by Order of the
Court.
11.
If the Court does not approve the Settlement Agreement, or if the Settlement
Agreement is reversed or rendered void as a result of an appeal, the Settlement Agreement
and any obligations thereunder shall be rendered void, and the Parties shall revert to their
pre-settlement litigation positions. In the event the Court does not approve the Settlement
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Agreement, the Parties have reserved all rights regarding the merits of this action. In the
event the Court does not approve the Settlement Agreement, the Parties are to meet and
confer on an appropriate case management schedule to be approved by the Court.
SO ORDERED.
________________________________
ELIZABETH A. WOLFORD
Chief Judge
United States District Court
Dated:
October 22, 2021
Rochester, New York
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