Northwest Immigrant Rights Project et al v. United States Citizenship and Immigration Services et al

Filing 156

ORDER granting the Parties' 152 Stipulated Motion to File a Skeletal Motion for Attorneys' Fees and Costs. Should the parties not settle the matter, Plaintiffs may file a renewed motion with full argument and supporting documentation by September 2, 2020. Signed by Judge James L. Robart.(PM)

Case 2:15-cv-00813-JLR Document 152 Filed 06/01/20 Page 1 of 5
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06/03/20
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The Honorable James L. Robart
United States District Judge

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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JOINT STIPULATED MOTION AND
ORDER REGARDING SCHEDULING OF
MOTION FOR ATTORNEYS’ FEES
UNDER THE EQUAL ACCESS TO
JUSTICE ACT

Plaintiffs,

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Case No. 2:15-cv-00813-JLR

Wilman GONZALEZ ROSARIO, et al.,

v.
UNITED STATES CITIZENSHIP AND
IMMIGRATION SERVICES, et al.,

NOTE ON MOTION CALENDAR:
June 1, 2020

Defendants.

After mediation, the Ninth Circuit dismissed Defendants’ appeal on Defendants’

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motion, leaving the issue of attorneys’ fees outstanding. COA Dkt. 50 (May 5, 2020). The

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Parties are currently engaged in discussions regarding the resolution of attorneys’ fees. As

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noted in the Ninth Circuit’s order, the attorneys’ fee petition may be filed in District Court.

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In order to facilitate possible settlement, preserve judicial resources and reduce costs,

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but still meet statutory deadlines, the Parties stipulate and jointly ask the Court to permit

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Plaintiffs to file a “skeletal” motion for attorneys’ fees and costs pursuant to the Equal Access

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to Justice Act (“EAJA”), 28 U.S.C. § 2412(d), with supplemental filings and briefing permitted

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should the parties not settle the matter. Counsel for Plaintiffs have pursued this route with

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Stipulated Motion and Order Regarding
Attorneys’ Fees Motion Case No. 2:15cv-00813-JLR
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judicial approval in other cases. See, e.g., Ortega v. Bonnar, 3:18-cv-03228-WHO (N.D. Cal.,
March 2, 2020) (Exh. A).
Accordingly, the parties to the above-referenced action, by and through their
undersigned counsel of record, hereby STIPULATE, AGREE, and JOINTLY REQUEST:

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(1) To encourage resolution of this matter but preserve statutory deadlines, Plaintiffs
may file a “skeletal” motion for attorneys’ fees and costs pursuant to the Equal
Access to Justice Act (“EAJA”) by June 4, 2020 and note the motion for September
11, 2020.
(2) Should the parties not settle the matter, Plaintiffs may file a renewed motion with
full argument and supporting documentation by September 2, 2020. In such case,
the parties will meet and confer regarding a stipulated briefing schedule.
Respondent reserves all arguments and defenses as to Plaintiffs’ fee motion.
(3) The parties further stipulate that Plaintiffs will not seek fees for the drafting and
filing of this stipulation and the skeletal motion. Plaintiffs agree not to seek
attorneys’ fees on future hours spent negotiating the fee issue during the pendency
of the skeletal motion.
Respectfully submitted this 1st day of June, 2020.

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/s/ Christopher Strawn
Christopher Strawn, WSBA No. 32243
Northwest Immigrant Rights Project
615 Second Avenue, Suite 400
Seattle, WA 98104
[phone]
[e-mail]

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Attorney for Plaintiffs
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JOSEPH H. HUNT
Assistant Attorney General

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WILLIAM C. PEACHEY
Director
JEFFREY S. ROBINS
Deputy Director
By: s/ Aaron S. Goldsmith
Aaron S. Goldsmith
Senior Litigation Counsel
United States Department of Justice
Stipulated Motion and Order Regarding
Attorneys’ Fees Motion
Case No. 2:15-cv-00813-JLR
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Case 2:15-cv-00813-JLR Document 152 Filed 06/01/20 Page 3 of 5
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Civil Division
Office of Immigration Litigation
District Court Section
Washington, D.C. 20044
Tel.: [phone]
Email: [e-mail]
Attorneys for Defendants

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Stipulated Motion and Order Regarding
Attorneys’ Fees Motion Case No. 2:15cv-00813-JLR
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The Honorable James L. Robart
United States District Judge

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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Plaintiffs,

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Case No. 2:15-cv-00813-JLR

Wilman GONZALEZ ROSARIO, et al.,

v.
UNITED STATES CITIZENSHIP AND
IMMIGRATION SERVICES, et al.,
Defendants.

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ORDER

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Pursuant to the Parties’ stipulation, IT IS SO ORDERED:
(1) To encourage resolution of this matter but preserve statutory deadlines, Plaintiffs may
file a “skeletal” motion for attorneys’ fees and costs pursuant to the Equal Access to
Justice Act (“EAJA”) by June 4, 2020 and note the motion for September 11, 2020.
(2) Should the parties not settle the matter, Plaintiffs may file a renewed motion with full
argument and supporting documentation by September 2, 2020. In such case, the parties
will meet and confer regarding a stipulated briefing schedule. Respondent reserves all
arguments and defenses as to Plaintiffs’ fee motion.
(3) The parties further stipulate that Plaintiffs will not seek fees for the drafting and filing of
this stipulation and the skeletal motion. Plaintiffs agree not to seek attorneys’ fees on
future hours spent negotiating the fee issue during the pendency of the skeletal motion.
3rd
June
Dated this ___________ day of __________, 2020.

A

_______________________________
The Honorable James L. Robart
United States District Judge

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Stipulated Motion and Order Regarding
Attorneys’ Fees Motion Case No. 2:15cv-00813-JLR

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