Martinez Banos v. Asher et al

Filing 54

ORDER directing parties to file Joint Status Report by 8/3/2017, signed by Hon. Brian A Tsuchida. (PM)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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ARTURO MARTINEZ BANOS, et al.,
Petitioners,

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ORDER DIRECTING PARTIES TO
FILE JOINT STATUS REPORT

v.
NATHALIE ASHER, et al.,
Respondents.

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CASE NO. C16-1454-JLR-BAT

This case challenges respondents’ authority to detain petitioners and putative class

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members while their withholding-only proceedings are pending. On July 6, 2017, the Ninth

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Circuit issued an order resolving some of the legal issues raised by petitioners. Padilla-Ramirez

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v. Bible, --- F.3d ----, 2017 WL 2871513 (9th Cir. July 6, 2017). On July 11, 2017, the

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Honorable James L. Robart dismissed petitioner Arturo Martinez-Banos from this action and

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struck without prejudice respondents’ motion to dismiss the remaining petitioners, Edwin Flores

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Tejada and German Ventura Hernandez. Dkt. 53. Judge Robart also re-referred the matter to the

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undersigned for further proceedings. Having considered the record in this case, which includes

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petitioners’ pending motion for preliminary injunction, Dkt. 23, and amended motion for class

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certification, Dkt. 41, the Court ORDERS:

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(1)

By August 3, 2017, the parties are directed to meet and confer and file a joint

ORDER DIRECTING PARTIES TO FILE
JOINT STATUS REPORT - 1

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status report that addresses the following:
(a)

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habeas petition and class action complaint? If so, what deadline do the parties propose?
(b)

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In light of Padilla-Ramirez, do petitioners intend to file a second amended

Do respondents intend to file an amended motion to dismiss directed at

Mr. Flores and Mr. Ventura? If so, what deadline do the parties propose?
(c)

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In light of Padilla-Ramirez and Judge Robart’s ruling, do petitioners

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intend to withdraw their motion for preliminary injunction and amended motion for class

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certification? If so, what deadline(s) do the parties propose for filing amended motions?
(d)

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(2)

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The Clerk is directed to send copies of this Order to the parties and to Judge

order.

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After reviewing the parties’ joint status report, the Court will issue a scheduling

(3)

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Are there any other deadlines the Court should set at this time?

Robart.
DATED this 12th day of July, 2017.

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A

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BRIAN A. TSUCHIDA
United States Magistrate Judge

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ORDER DIRECTING PARTIES TO FILE
JOINT STATUS REPORT - 2