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

Filing 24

STIPULATION AND ORDER per parties' 23 Stipulation. IT IS SO ORDERED. After filing of the Second Amended Complaint on August 22, 2018, defendants' motion to dismiss will be due September 5 and noted for September 28. Plaintiffs' response to the motion to dismiss will be due September 24, and defendants' reply will be due September 28. Defendants' response to plaintiffs' pending renoted Motion for Class Certification (Dkt. # 11 ) is due September 17, and plaintiffs' reply is due September 28. Signed by Judge Marsha J. Pechman. (PM)

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Case 2:18-cv-00928-MJP Document 24 Filed 08/21/18 Page 1 of 4 The Honorable Marsha J. Pechman 1 2 3 4 5 6 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 7 8 9 10 11 12 YOLANY PADILLA, on behalf of herself and her 6-year-old son J.A.; IBIS GUZMAN, on behalf of herself and her 5-year-old son R.G.; BLANCA ORANTES, on behalf of herself and her 8-year-old son A.M.; BALTAZAR VASQUEZ, on behalf of himself; Plaintiffs-Petitioners, v. 13 14 15 16 17 18 19 20 21 22 23 24 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”); U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES (“HHS”); OFFICE OF REFUGEE RESETTLEMENT (“ORR”); THOMAS HOMAN, Acting Director of ICE; KIRSTJEN NIELSEN, Secretary of DHS; KEVIN K. McALEENAN, Acting Commissioner of CBP; L. FRANCIS CISSNA, Director of USCIS; ALEX M. AZAR II, Secretary of HHS; SCOTT LLOYD, Director of ORR; MARC J. MOORE, Seattle Field Office Director;, ICE, JEFFERSON BEAUREGARD SESSIONS III, 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; 25 Defendants-Respondents. 26 JOINT STIPULATION AND ORDER REGARDING MOTION BRIEFING SCHEDULE CASE NO. 2:18-cv-928 MJP No. 2:18-cv-928 MJP JOINT STIPULATION AND ORDER REGARDING MOTION BRIEFING SCHEDULE NOTE ON MOTION CALENDAR: AUGUST 20, 2018. Case 2:18-cv-00928-MJP Document 24 Filed 08/21/18 Page 2 of 4 1 Pursuant to Local Civil Rules 7(d)(1) and 10(g), plaintiffs and defendants hereby 2 stipulate and jointly move the Court for an Order setting the filing schedule for plaintiffs second 3 amended complaint, plaintiffs’ pending class certification motion, and defendants’ planned 4 dismissal motion. 5 Currently defendants’ response to plaintiffs’ first Amended Complaint (Dkt. # 8) is due 6 the last week of August and their response to plaintiffs’ Motion for Class Certification (Dkt. # 7 11) is due August 20. After consultation between the parties’ counsel, plaintiffs agreed to file an 8 amended complaint that no longer pursues this suit’s family separation claims (but does pursue 9 CFI and bond hearing claims) and defendants stipulated to said amendment. Counsel also agreed 10 to a briefing schedule for plaintiffs’ pending class certification motion and defendants’ planned 11 dismissal motion. To avoid unnecessary duplication in briefing, the parties stipulate and agree to 12 the entry of an Order that sets the following schedule: 13 1. Plaintiffs’ second amended complaint will be filed August 22. Defendants’ 14 motion to dismiss will be due September 5 and noted for September 28. Plaintiffs’ 15 response to the motion to dismiss will be due September 24 and defendants’ reply 16 will be due September 28. 17 2. Plaintiffs renoted their Motion for Class Certification (Dkt. # 11) to 18 September 28. By agreement between the parties, defendants’ response is due 19 September 17, and plaintiffs’ reply is due September 28. 20 The reason for this stipulation is to avoid unnecessary duplication in the briefing 21 schedule. The parties anticipate that the class certification and dismissal motions may have issues 22 in common, and believe it is appropriate have those two motions considered at the same time. 23 Additionally, having both motions noted for the same day will help consolidate any oral 24 argument for the Court (if oral argument is granted), and simplify the Court’s review of these 25 two motions. 26 JOINT STIPULATION AND ORDER REGARDING MOTION BRIEFING SCHEDULE - 1 CASE NO. 2:18-cv-928 MJP Case 2:18-cv-00928-MJP Document 24 Filed 08/21/18 Page 3 of 4 1 RESPECTFULLY SUBMITTED this 20th day of August, 2018. 2 3 4 s/ Matt Adams Matt Adams, WSBA No. 28287 Email: matt@nwirp.org s/ Thomas F. Ahearne Thomas F. Ahearne, WSBA #14844 Email: ahearne@foster.com s/ Glenda M. Aldana Madrid Glenda M. Aldana Madrid, WSBA No. 46987 Email: glenda@nwirp.org s/ William F. Abrams *William F. Abrams, CA Bar #88805 *Admitted pro hac vice *Email: bill.abrams@foster.com 5 6 7 8 9 10 11 12 13 14 s/ Leila Kang Leila Kang, WSBA No. 48048 Email: leila@nwirp.org NORTHWEST IMMIGRANT RIGHTS PROJECT 615 Second Avenue, Suite 400 Seattle, WA 98104 Telephone: (206) 957-8611 Facsimile: (206) 587-4025 Attorneys for Plaintiffs-Petitioners 15 17 18 CHAD A. READLER Acting Assistant Attorney General Civil Division 22 23 24 25 26 s/ Kevin Ormiston Kevin Ormiston, WSBA #49835 Email: kevin.ormiston@foster.com Attorneys for Plaintiffs-Petitioners 19 21 s/ Benjamin J. Hodges Benjamin J. Hodges, WSBA #49301 Email: ben.hodges@foster.com FOSTER PEPPER PLLC 1111 Third Avenue, Suite 3000 Seattle, Washington 98101-3292 Telephone: (206) 447-4400 Facsimile: (206) 447-9700 16 20 s/ Joanna Plichta Boisen Joanna Plichta Boisen, WSBA #38368 Email: Joanna.boisen@foster.com WILLIAM C. PEACHEY Director, District Court Section Office of Immigration Litigation EREZ REUVENI Assistant Director, District Court Section Office of Immigration Litigation JOINT STIPULATION AND ORDER REGARDING MOTION BRIEFING SCHEDULE - 2 CASE NO. 2:18-cv-928 MJP /s/ Lauren C. Bingham LAUREN C. BINGHAM, Fl. Bar #105745 Trial Attorney, District Court Section Office of Immigration Litigation Civil Division P.O. Box 868, Ben Franklin Station Washington, DC 20044 (202) 616-4458; (202) 305-7000 (fax) lauren.c.bingham@usdoj.gov Attorneys for Defendants-Respondents Case 2:18-cv-00928-MJP Document 24 Filed 08/21/18 Page 4 of 4 1 2 ORDER Based on the foregoing stipulation of the parties, IT IS SO ORDERED. After filing of the 3 Second Amended Complaint on August 22, 2018, defendants’ motion to dismiss will be due 4 September 5 and noted for September 28. Plaintiffs’ response to the motion to dismiss will be 5 due September 24, and defendants’ reply will be due September 28. Defendants’ response to 6 plaintiffs’ pending renoted Motion for Class Certification (Dkt. # 11) is due September 17, and 7 plaintiffs’ reply is due September 28. 8 9 DATED this 21st day of August, 2018. 10 A 11 12 Marsha J. Pechman United States District Judge 13 14 15 16 17 18 19 20 21 22 23 24 25 26 JOINT STIPULATION AND ORDER REGARDING MOTION BRIEFING SCHEDULE - 3 CASE NO. 2:18-cv-928 MJP

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