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

Filing 93

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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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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