Padilla et al v. US Immigration and Customs Enforcement et al

Filing 129

ORDER granting Plaintiffs' 116 Motion for Leave to Amend the Complaint. Enforcement of the preliminary injunction entered on April 5 (Dkt. 110 ) is further stayed until July 1, 2019. Defendants' deadline to file a Notice of Appeal with respect to the Order granting Plaintiffs' motion for a preliminary injunction is extended from June 4, 2019 to July 5, 2019. Discovery is stayed pending consideration of the parties' forthcoming motions. Schedule for Plaintiffs' forthcoming cross- motion to modify the Order granting Plaintiffs' motion for a preliminary injunction and Defendants' motion to dismiss Plaintiffs' Third Amended Complaint is as follows: Plaintiffs' cross-motion to modify due 5/28/2019; Defendants' opposition to Plaintiffs' cross-motion due 6/10/2019; Plaintiffs' reply in support of their cross-motion due 6/14/2019; Defendants' motion to dismiss Third Amended Complaint due 6/3/2019; Plaintiffs' opposition to Defendants' motion due 6/17/2019; Defendants' reply in support of their motion to dismiss due 6/21/2019. Signed by Judge Marsha J. Pechman. (PM)

Case 2:18-cv-00928-MJP Document 129 Filed 05/20/19 Page 1 of 7

1

The Honorable Marsha J. Pechman

2

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

3
4
5
6
7
8
9
10
11
12
13
14
15
16

YOLANY PADILLA, IBIS GUZMAN,
BLANCA
ORANTES, BALTAZAR VASQUEZ,
Plaintiffs-Petitioners,
v.
U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT
(“ICE”); U.S. DEPARTMENT OF HOMELAND
SECURITY (“DHS”); U.S. CUSTOMS AND BORDER
PROTECTION (“CBP”); U.S. CITIZENSHIP AND
IMMIGRATION SERVICES (“USCIS”); EXECUTIVE
OFFICE FOR IMMIGRATION REVIEW (“EOIR”);
THOMAS HOMAN, Acting Director of ICE; KIRSTJEN
NIELSEN, Secretary of DHS; KEVIN K. McALEENAN,
Acting Commissioner of CBP; L. FRANCIS CISSNA,
Director of USCIS; MARC J. MOORE, Seattle Field Office
Director, ICE, WILLIAM P. BARR, United States Attorney
General; LOWELL CLARK, warden of the Northwest
Detention Center in Tacoma, Washington; CHARLES
INGRAM, warden of the Federal Detention Center in
SeaTac, Washington; DAVID SHINN, warden of the Federal
Correctional Institute in Victorville, California; JAMES
JANECKA, warden of the Adelanto Detention Facility;

17

No. 2:18-cv-928 MJP

JOINT STIPULATION
AND ORDER GRANTING
LEAVE TO PLAINTIFFS
TO FILE A THIRD
AMENDED COMPLAINT,
EXTENDING THE TIME
FOR IMPLEMENTING
THE PRELIMINARY
INJUNCTION ISSUED BY
THIS COURT, STAYING
DISCOVERY, AND
SETTING A BRIEFING
SCHEDULE FOR
FORTHCOMING
MOTIONS

NOTE ON MOTION
CALENDAR: MAY 13, 2019.

Defendants-Respondents.

18
19
20
21
22
23
24

Pursuant to Local Civil Rules 7(d)(1) and 10(g), Plaintiffs and Defendants hereby stipulate
and jointly move the Court for an Order setting forth the following:
1. Plaintiffs’ Motion for Leave to Amend the Complaint (Dkt. 116) is granted.
2. Enforcement of the preliminary injunction entered on April 5 (Dkt. 110) (“Order”) is
further stayed until July 1, 2019, while the Court adjudicates Defendants’ currently-

25
26
JOINT STIPULATION AND
ORDER- 1
CASE NO. 2:18-cv-928 MJP

Case 2:18-cv-00928-MJP Document 129 Filed 05/20/19 Page 2 of 7

1

pending motion to vacate the Order (Dkt. 114) and Plaintiffs’ forthcoming cross-

2

motion to modify the Order.

3

3. Defendants’ deadline to file a Notice of Appeal with respect to the Order is extended

4

from June 4, 2019 to July 5, 2019, to allow the Court to adjudicate Defendants’

5

currently-pending motion to vacate the Order (Dkt. 114) and Plaintiffs’ forthcoming

6

cross-motion to modify the Order. See Federal Rule of Appellate Procedure 4(a)(5)(C)

7

(“The district court may extend the time to file a notice of appeal [by] 30 days after the

8

prescribed time.”).

9

4. Discovery is stayed pending consideration of the parties’ forthcoming motions.

10

5. Defendants will continue to schedule bond hearings pursuant to Matter of X-K- until
the date Matter of M-S- is scheduled to go into effect. 1

11
12

6. The following briefing schedule governs Plaintiffs’ forthcoming cross-motion to

13

modify the Order and Defendants’ motion to dismiss Plaintiffs’ Third Amended

14

Complaint:

15

a. Plaintiffs file their cross-motion to modify the Order on or before May 28, 2019.

16

b. Defendants file their opposition to Plaintiffs’ cross-motion to modify the Order on
or before June 10, 2019.

17

c. Plaintiffs file their reply in support of their cross-motion to modify the Order on or

18

before June 14, 2019.

19

d. Defendants file their motion to dismiss the Third Amended Complaint on or before

20

June 3, 2019.

21

e. Plaintiffs file their opposition to Defendants’ motion to dismiss the Third Amended

22

Complaint on or before June 17, 2019.

23
24
25
26

1

The “effective date” of Matter of M-S- is “90 days” from April 16—July 15, 2019. Dkt. 114-1 at 12 n.8.

JOINT STIPULATION AND
ORDER- 2
CASE NO. 2:18-cv-928 MJP

Case 2:18-cv-00928-MJP Document 129 Filed 05/20/19 Page 3 of 7

1

f. Defendants file their reply in support of their motion to dismiss the Third Amended

2

Complaint on or before June 21, 2019.

3

Given the complex issues that the parties anticipate briefing, the parties also stipulate to a

4

page limit of 24 pages for both parties’ motions and oppositions, and 12 pages for both parties’

5

replies.

6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
JOINT STIPULATION AND
ORDER- 3
CASE NO. 2:18-cv-928 MJP

Case 2:18-cv-00928-MJP Document 129 Filed 05/20/19 Page 4 of 7

1
2
3
4
5
6
7

RESPECTFULLY SUBMITTED this May 13, 2019.
s/ Matt Adams
Matt Adams, WSBA No. 28287
Email: [e-mail]
Glenda M. Aldana Madrid, WSBA No. 46987
Email: [e-mail]
Leila Kang, WSBA No. 48048
Email: [e-mail]

8
9
10
11
12

NORTHWEST IMMIGRANT
RIGHTS PROJECT
615 Second Avenue, Suite 400
Seattle, WA 98104
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiffs-Petitioners

Kristin Macleod-Ball*
Trina Realmuto*
AMERICAN IMMIGRATION COUNCIL
100 Summer Street, 23rd Floor
Boston, MA 02110
[phone]
[e-mail]
[e-mail]
*Admitted pro hac vice
Attorneys for Plaintiffs-Petitioners

13
14
15

JOSEPH. H. HUNT
Assistant Attorney General
Civil Division

16
17
18
19

WILLIAM C. PEACHEY
Director, District Court Section
Office of Immigration Litigation
EREZ REUVENI
Assistant Director, District Court Section

20

/s/ Archith Ramkumar
ARCHITH RAMKUMAR
N.Y.B. # 5269949
Trial Attorney, District Court Section
Office of Immigration Litigation
Civil Division
P.O. Box 868, Ben Franklin Station
Washington, DC 20044
[phone]; [phone] (fax)
[e-mail]
Attorneys for Defendants-Respondents

21
22
23
24
25
26
JOINT STIPULATION AND
ORDER
CASE NO. 2:18-cv-928 MJP

Case 2:18-cv-00928-MJP Document 129 Filed 05/20/19 Page 5 of 7

1
2

ORDER
Based on the foregoing stipulation of the parties, IT IS SO ORDERED that:

3

1. Plaintiffs’ Motion for Leave to Amend the Complaint (Dkt. 116) is granted.

4

2. Enforcement of the preliminary injunction entered on April 5 (Dkt. 110) is further

5

stayed until July 1, 2019.

6

3. Defendants’ deadline to file a Notice of Appeal with respect to the Order granting

7

Plaintiffs’ motion for a preliminary injunction is extended from June 4, 2019 to July

8

5, 2019.

9
10
11

4. Discovery is stayed pending consideration of the parties’ forthcoming motions.
5. Defendants will continue to schedule bond hearings pursuant to Matter of X-K- until
the date Matter of M-S- is scheduled to go into effect.

12

6. The following briefing schedule governs Plaintiffs’ forthcoming cross-motion to

13

modify the Order granting Plaintiffs’ motion for a preliminary injunction and

14

Defendants’ motion to dismiss Plaintiffs’ Third Amended Complaint:

15

a. Plaintiffs file their cross-motion to modify the Order granting Plaintiffs’ motion

16

for a preliminary injunction on or before May 28, 2019.

17

b. Defendants file their opposition to Plaintiffs’ cross-motion to modify the Order

18

granting Plaintiffs’ motion for a preliminary injunction on or before June 10,

19

2019.

20
21
22
23
24
25

c. Plaintiffs file their reply in support of their cross-motion to modify the Order
granting Plaintiffs’ motion preliminary injunction on or before June 14, 2019.
d. Defendants file their motion to dismiss the Third Amended Complaint on or
before June 3, 2019.
e. Plaintiffs file their opposition to Defendants’ motion to dismiss the Third
Amended Complaint on or before June 17, 2019.

26
JOINT STIPULATION AND
ORDER
CASE NO. 2:18-cv-928 MJP

Case 2:18-cv-00928-MJP Document 129 Filed 05/20/19 Page 6 of 7

1
2

f. Defendants file their reply in support of their motion to dismiss the Third
Amended Complaint on or before June 21, 2019.

3
DATED this 20th day of May, 2019.

A

4
5
6

Marsha J. Pechman
United States Senior District Judge

7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
JOINT STIPULATION AND
ORDER
CASE NO. 2:18-cv-928 MJP

Case 2:18-cv-00928-MJP Document 129 Filed 05/20/19 Page 7 of 7

1
2
3
4

CERTIFICATE OF SERVICE
I hereby certify that on May 20, 2019, I had the foregoing electronically filed with the
Clerk of the Court using the CM/ECF system, which will send notification of such filing to those
attorneys of record registered on the CM/ECF system. All other parties (if any) shall be served in

5
6

accordance with the Federal Rules of Civil Procedure.

7

13

/s/ Archith Ramkumar
ARCHITH RAMKUMAR
N.Y.B. # 5269949
Trial Attorney, District Court Section
Office of Immigration Litigation
Civil Division
P.O. Box 868, Ben Franklin Station
Washington, DC 20044
[phone]; [phone] (fax)
[e-mail]

14

Attorney for Defendants

8
9
10
11
12

15
16
17
18
19
20
21
22
23
24
25
26
JOINT STIPULATION AND
ORDER
CASE NO. 2:18-cv-928 MJP