Abdi v. Duke, et al.

Filing 201

ORDER AND FINAL JUDGMENT APPROVING CLASS ACTION SETTLEMENT. Signed by Hon. Elizabeth A. Wolford on 01/05/2022. (CDH) (A copy of this Order was mailed to Petitioner Hanad Abdi at his last known address) -CLERK TO FOLLOW UP-

Case 1:17-cv-00721-EAW Document 201 Filed 01/05/22 Page 1 of 3

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 AND FINAL JUDGMENT
APPROVING CLASS ACTION SETTLEMENT
This matter is before the Court on Petitioners’ Motion for Final Approval of Class
Action Settlement (the “Motion”) (Dkt. 195).
Having granted Petitioners’ motion for preliminary approval of proposed class
action settlement and notice on October 22, 2021 (Dkt. 193); having received no objections
to the proposed class action settlement from members of the class; having held a fairness
hearing on December 15, 2021, to determine whether the proposed Settlement Agreement
is fair, reasonable, and adequate (Dkt. 199); and having considered Petitioners’

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Case 1:17-cv-00721-EAW Document 201 Filed 01/05/22 Page 2 of 3

submissions and arguments, including the Motion, the evidence of record, and applicable
authority, the Court orders as follows:
IT IS HEREBY ORDERED AND ADJUDGED that the notice plan as set forth
in Petitioners’ motion for preliminary approval of proposed class action settlement and
notice and the terms of the proposed Settlement Agreement was reasonably calculated,
under the circumstances, to apprise the certified class of the pendency of this litigation and
the terms of the proposed Settlement Agreement, and the rights of class members to object
to any part of the proposed Settlement Agreement and to appear (either on their own of
through counsel hired at their own expense) at the final approval hearing on December 15,
2021; and
IT IS FURTHER ORDERED AND ADJUDGED that the provided notice fully
satisfied the requirements of the United States Constitution (including the Due Process
Clause), Federal Rule of Civil Procedure 23, and any other applicable law; and
IT IS FURTHER ORDERED AND ADJUDGED that the Motion is GRANTED;
and
IT IS FURTHER ORDERED AND ADJUDGED that this Court hereby approves
the Settlement Agreement as fair, reasonable, and adequate in light of all the relevant
considerations; and
IT IS FURTHER ORDERED AND ADJUDGED that this Court retains
jurisdiction for the purposes of enabling the parties to apply to this Court for such further
orders or guidance as may be necessary for the construction, modification, or enforcement
of the Settlement Agreement and this Order and Final Judgment; and
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Case 1:17-cv-00721-EAW Document 201 Filed 01/05/22 Page 3 of 3

IT IS FURTHER ORDERED AND ADJUDGED that the instant action is
dismissed with prejudice on the merits and without costs to any party.
SO ORDERED.

________________________________
ELIZABETH A. WOLFORD
Chief Judge
United States District Court
Dated:

January 5, 2022
Rochester, New York

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