Palamaryuk v. Kelly et al

Filing 32

STIPULATION AND ORDER of Dismissal re parties' 31 Stipulation, by Judge Marsha J. Pechman. (SWT)

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District Judge Marsha J. Pechman
Chief Magistrate Judge James P. Donohue

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UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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DAVID PALAMARYUK,

CASE NO. C17-441-MJP-JPD

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Plaintiff,

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STIPULATION AND ORDER OF
DISMISSAL

v.
KIRSTJEN NIELSON, 1 Secretary of the United

15 States Department of Homeland Security;
16 THOMAS D. HOMAN, Acting Director,

Note on Motion Calendar:
March 14, 2018

Immigration and Customs Enforcement and
17 BRYAN WILCOX, Acting Field Office
Director, Immigration and Customs
18 Enforcement, Seattle Field Office,

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Defendants.

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Plaintiff and Defendants have conferred and agree as follows:

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1. Defendants agree that Plaintiff will remain housed at the Northwest Detention

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Center in Tacoma, Washington until any one of the following events occurs:

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a. Defendants release Plaintiff from detention; or

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Kirstjen Nielson has been sworn in as Secretary of the United States Department of Homeland Security. Pursuant
to Fed. R. Civ. P. 25(d), she is automatically substituted for Elaine Duke as the proper party in her official capacity.
Stipulation and Order of Dismissal
C17-441-MJP-JPD - 1

UNITED STATES ATTORNEY
700 STEWART STREET, SUITE 5220
SEATTLE, WASHINGTON 98101
[phone]

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b. Plaintiff has a final removal order for which the 30 day appeal window

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under 8 U.S.C. § 1252(b)(1) has lapsed and Plaintiff has not received a

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judicial stay of removal; or

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c. Plaintiff has a final removal order and has waived appeal; or

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d. The judicial stay of removal is no longer in effect; or

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e. The agency determines that it must transfer plaintiff to another facility for

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his own health. Should a medical emergency arise, the Agency will transfer

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Plaintiff to another facility for treatment if he cannot be effectively treated at

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the Northwest Detention Center. Upon resolution of the health crisis or

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concerns, and as soon as practicable, the Agency will return the Plaintiff to

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the Northwest Detention Center.

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2. The Parties agree that pursuant to the Equal Access to Justice Act and the

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Rehabilitation Act, the United States will pay to plaintiff’s counsel attorney’s

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fees in the amount of $17,500 (the “Attorney’s Fees”). Other than the

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Attorney’s Fees specified herein, plaintiff is not entitled to further fees, costs, or

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damages of any kind.

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3. The parties further agree that neither party admits any wrongdoing in this

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matter. The parties are entering into this stipulation of resolution to avoid

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further litigation.

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4. This matter can be dismissed with prejudice.

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5. This Court retains jurisdiction to enforce the terms of this stipulation.

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27 //
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Stipulation and Order of Dismissal
C17-441-MJP-JPD - 2

UNITED STATES ATTORNEY
700 STEWART STREET, SUITE 5220
SEATTLE, WASHINGTON 98101
[phone]

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Respectfully submitted this 14th day of March, 2018.

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Dated this 14th day of March, 2018.

Dated this 14th day of March, 2018.

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SUNBIRD LAW, PLLC

ANNETTE L. HAYES
United States Attorney

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s/ Devin T. Theriot-Orr
Devin T. Theriot-Orr, WSBA 33995
1000 Fourth Ave., Suite 3200
Seattle, WA 98154
Phone: [phone]
Email: [e-mail]

s/ Sarah K. Morehead
SARAH K. MOREHEAD, WSBA No.
29680
Assistant United States Attorney
United States Attorney=s Office
700 Stewart Street, Suite 5220
Seattle, Washington 98101-1271
Phone: [phone]
Email: [e-mail]

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THORWARD IMMIGRATION LAW, PLLC

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s/ Minda Thorward
Minda Thorward, WSBA No. 47594
5600 Rainier Ave. S., Suite 208
Seattle, WA 98118
Phone: [phone]
Email: [e-mail]

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Attorneys for Plaintiff

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s/ Gladys M. Steffens Guzmán
Gladys M. Steffens Guzmán, PR Bar No.
14250
United States Department of Justice
Civil Division, Office of Immigration
Litigation
P.O. Box 868 Ben Franklin Station
Washington, DC 20044
Email: [e-mail]

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Attorney for Defendants

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ORDER

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The parties having so stipulated, IT IS ORDERED. This matter is dismissed with
prejudice under the terms set forth above.

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Dated this 15th day of March, 2018.

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A

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Marsha J. Pechman
United States District Judge

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Stipulation and Order of Dismissal
C17-441-MJP-JPD - 3

UNITED STATES ATTORNEY
700 STEWART STREET, SUITE 5220
SEATTLE, WASHINGTON 98101
[phone]