Northwest Immigrant Rights Project et al v. United States Citizenship and Immigration Services et al
Filing
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MINUTE ORDER directing counsel to be prepared to address topics identified in this minute order at the oral argument set for 7/13/2017 at 10:00 a.m. re Plaintiff's 82 motion for class certification and Defendants' 88 partial motion to dismiss. Authorized by Judge James L. Robart. (PM)
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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE
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WILMAN GONZALEZ ROSARIO,
et al.,
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CASE NO. C15-0813JLR
MINUTE ORDER
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Plaintiffs,
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v.
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UNITED STATES CITIZENSHIP
AND IMMIGRATION SERVICES,
et al.,
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Defendants.
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The following minute order is made by the direction of the court, the Honorable
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James L. Robart:
The court has scheduled oral argument on Plaintiffs’ motion for class certification
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(Dkt. # 82) and Defendants’ partial motion to dismiss (Dkt. # 88) for Thursday, July 13,
2017, at 10:00 a.m. At the hearing, the court anticipates asking several questions of
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MINUTE ORDER - 1
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counsel before allowing brief oral argument. The court DIRECTS the parties to be
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prepared to address the following topics:
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90-Day Plaintiffs’ Administrative Procedure Act (“APA”) Claims
o Under what specific sections of the APA do 90-Day Plaintiffs assert a
claim?
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o Which, if any, of those claims are moot?
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o To what extent do the non-moot APA claims require final agency
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action, and what is the final agency action here?
90-Day Plaintiffs’ Mandamus Act Claim
o Is 90-Day Plaintiffs’ Mandamus Act claim moot?
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In their response to Defendants’ partial motion to dismiss, Plaintiffs ask the
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court, for the first time in this action, to “bar[] Defendants from denying
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benefits to 90-Day Subclass members based on periods of unauthorized
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employment, when Defendants’ proper issuance of interim employment
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authorization would have permitted such employment.” (Dkt. # 91 at 2:3-7.)
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o Under what statute(s)—including the specific subsection(s)—is that
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relief available?
o What legal authority supports the availability of that relief under that
statute(s)?
In their response brief to the class certification motion, Defendants
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differentiate between the “mandatory nature of the timeline” and the
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“mandatory nature of the overall duty.” (Dkt. # 86 at 11 n.2.)
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o Explain this distinction and why the court’s prior order (Dkt. # 55 at
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Appointing Class Counsel
o Assuming that the court certifies the class in full or in part, on what
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basis should the court appoint as class counsel all 10 lawyers who are
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counsel of record in this action?
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This list is not exhaustive, and the parties should be prepared to address all aspects of the
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pending motions.
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Filed and entered this 10th day of July, 2017.
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WILLIAM M. MCCOOL
Clerk of Court
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s/ Ashleigh Drecktrah
Deputy Clerk
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MINUTE ORDER - 3
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