Department of Labor and Industries v. Geo Secure Services LLC

Filing 54

STIPULATION AND ORDER granting Parties' 53 Stipulated MOTION Entering Permanent Injunction. GEO is permanently enjoined from denying L&I access to inspect the Northwest ICE Processing Center pursuant to its authority under, and f or the limited purposes set forth in, RCW 49.17.070. L&I's claim for access under HB 1470 Sec. 3, codified at RCW 70.395.070, is dismissed without prejudice, and its other claims are dismissed with prejudice. Dismissal of Plaintiff's claim for contempt from the January 30, 2024 complaint shall not mean that Plaintiff cannot pursue contempt if there is a violation of this permanent injunction. Each side will bear its own costs and fees. Signed by Judge Benjamin H. Settle.(MW)

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1 2 3 4 5 6 7 The Honorable Benjamin H. Settle 8 9 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA 10 11 12 13 Case Nos. 3:24-cv-05095-BHS DEPARTMENT OF LABOR AND INDUSTRIES OF THE STATE OF WASHINGTON, 14 Plaintiff, 15 16 17 STIPULATED MOTION AND ORDER ENTERING PERMANENT INJUNCTION NOTE ON MOTION CALENDAR: SAME DAY v. GEO SECURE SERVICES, LLC; THE GEO GROUP, INC., Defendants. 18 19 I. STIPULATION The Department of Labor and Industries, GEO Secure Services, LLC, and The GEO 20 21 Group, Inc. stipulate and move as follows: 22 1. 23 should enter a permanent injunction, permanently enjoining GEO from denying L&I access to 24 inspect the Northwest ICE Processing Center pursuant to its authority under, and for the 25 limited purposes set forth in RCW 49.17.070. The court should dismiss Plaintiff’s claim under Consistent with the July 1, 2024, Order that granted a preliminary injunction, the Court 26 STIPULATED MOTION AND ORDER ENTERING PERMANENT INJUNCTION No. 3:24-cv-05095-BHS 1 ATTORNEY GENERAL OF WASHINGTON LABOR & INDUSTRIES DIVISION 800 Fifth Avenue, Suite 2000 Seattle, WA 98104-3188 (206) 464-7740 1 HB 1470 Sec. 3, codified at RCW 70.395.050, without prejudice and dismiss Plaintiff’s other 2 claims with prejudice. 3 4 5 2. That this agreement resolves all claims arising from this matter, and any other claim is dismissed. Each side will bear its own costs and fees. 3. That this Court should retain jurisdiction to enforce or modify this injunction. 6 Dismissal of Plaintiff’s claim for contempt from the January 30, 2024 complaint shall not mean 7 that Plaintiff cannot pursue contempt if there is a violation of this permanent injunction. 8 Stipulated to this 25th day of September, 2024. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Attorneys for Department of Labor and Industries ROBERT W. FERGUSON Attorney General /s/Anastasia Sandstrom ANASTASIA SANDSTROM, WSBA No. 24163 Senior Counsel 800 Fifth Ave., Ste. 2000 Seattle, WA 98104 (206) 464-7740 Anastasia.Sandtrom@atg.wa.gov ELLEN RANGE, WSBA No. 51334 Assistant Attorney General 7141 Cleanwater Drive SW Olympia, WA 98501-0111 (360) 586-6314 Ellen.Range@atg.wa.gov Attorneys for GEO Secure Services, LLC, and The GEO Group, Inc. /s/Harry J. F. Korrell Harry J. F. Korrell, WSBA No. 23173 John G. Hodges-Howell, WSBA No. 42151 920 Fifth Avenue, Suite 3300 Seattle, WA 98104-1610 Phone: 206.622.3150 harrykorrell@dwt.com jhodgeshowell@dwt.com STIPULATED MOTION AND ORDER ENTERING PERMANENT INJUNCTION No. 3:24-cv-05095-BHS 2 ATTORNEY GENERAL OF WASHINGTON LABOR & INDUSTRIES DIVISION 800 Fifth Avenue, Suite 2000 Seattle, WA 98104-3188 (206) 464-7740 1 II. ORDER 2 For the reasons stated in the Court’s order granting in part L&I’s motion for 3 preliminary injunction, the stipulated motion is granted, and GEO is permanently enjoined 4 from denying L&I access to inspect the Northwest ICE Processing Center pursuant to its 5 authority under, and for the limited purposes set forth in, RCW 49.17.070. L&I’s claim for 6 access under HB 1470 Sec. 3, codified at RCW 70.395.070, is dismissed without prejudice, 7 and its other claims are dismissed with prejudice. Dismissal of Plaintiff’s claim for 8 contempt from the January 30, 2024 complaint shall not mean that Plaintiff cannot pursue 9 contempt if there is a violation of this permanent injunction. Each side will bear its own 10 costs and fees. 11 This Court shall retain jurisdiction to enforce or modify the injunction. 12 Dated this 25th day of September, 2024. 13 ____________________________ BENJAMIN H. SETTLE 14 15 16 17 18 19 20 21 22 23 24 25 26 United States District Judge Presented by: Attorneys for Department of Labor and Industries ROBERT W. FERGUSON Attorney General /s/Anastasia Sandstrom ANASTASIA SANDSTROM, WSBA No. 24163 Senior Counsel 800 Fifth Ave., Ste. 2000 Seattle, WA 98104 (206) 464-7740 Anastasia.Sandtrom@atg.wa.gov ELLEN RANGE, WSBA No. 51334 Assistant Attorney General 7141 Cleanwater Drive SW Olympia, WA 98501-0111 (360) 586-6314 Ellen.Range@atg.wa.gov STIPULATED MOTION AND ORDER ENTERING PERMANENT INJUNCTION No. 3:24-cv-05095-BHS 3 ATTORNEY GENERAL OF WASHINGTON LABOR & INDUSTRIES DIVISION 800 Fifth Avenue, Suite 2000 Seattle, WA 98104-3188 (206) 464-7740 1 2 3 4 5 6 Attorneys for GEO Secure Services, LLC, and The GEO Group, Inc. /s/Harry J. F. Korrell Harry J. F. Korrell, WSBA No. 23173 John G. Hodges-Howell, WSBA No. 42151 920 Fifth Avenue, Suite 3300 Seattle, WA 98104-1610 Phone: 206.622.3150 harrykorrell@dwt.com jhodgeshowell@dwt.com 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 STIPULATED MOTION AND ORDER ENTERING PERMANENT INJUNCTION No. 3:24-cv-05095-BHS 4 ATTORNEY GENERAL OF WASHINGTON LABOR & INDUSTRIES DIVISION 800 Fifth Avenue, Suite 2000 Seattle, WA 98104-3188 (206) 464-7740

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