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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1 2 3 4 5 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 6 7 8 ARTURO MARTINEZ BANOS, et al., Petitioners, 9 10 11 ORDER DIRECTING PARTIES TO FILE JOINT STATUS REPORT v. NATHALIE ASHER, et al., Respondents. 12 13 CASE NO. C16-1454-JLR-BAT This case challenges respondents’ authority to detain petitioners and putative class 14 members while their withholding-only proceedings are pending. On July 6, 2017, the Ninth 15 Circuit issued an order resolving some of the legal issues raised by petitioners. Padilla-Ramirez 16 v. Bible, --- F.3d ----, 2017 WL 2871513 (9th Cir. July 6, 2017). On July 11, 2017, the 17 Honorable James L. Robart dismissed petitioner Arturo Martinez-Banos from this action and 18 struck without prejudice respondents’ motion to dismiss the remaining petitioners, Edwin Flores 19 Tejada and German Ventura Hernandez. Dkt. 53. Judge Robart also re-referred the matter to the 20 undersigned for further proceedings. Having considered the record in this case, which includes 21 petitioners’ pending motion for preliminary injunction, Dkt. 23, and amended motion for class 22 certification, Dkt. 41, the Court ORDERS: 23 (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 1 status report that addresses the following: (a) 2 3 habeas petition and class action complaint? If so, what deadline do the parties propose? (b) 4 5 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) 6 In light of Padilla-Ramirez and Judge Robart’s ruling, do petitioners 7 intend to withdraw their motion for preliminary injunction and amended motion for class 8 certification? If so, what deadline(s) do the parties propose for filing amended motions? (d) 9 (2) 14 The Clerk is directed to send copies of this Order to the parties and to Judge order. 12 13 After reviewing the parties’ joint status report, the Court will issue a scheduling (3) 10 11 Are there any other deadlines the Court should set at this time? Robart. DATED this 12th day of July, 2017. 15 A 16 BRIAN A. TSUCHIDA United States Magistrate Judge 17 18 19 20 21 22 23 ORDER DIRECTING PARTIES TO FILE JOINT STATUS REPORT - 2

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