Opinion
20-cv-700-JLR
05-30-2023
Wilfredo FAVELA AVENDANO, et al., Petitioners-Plaintiffs, v. Drew BOSTOCK, Director of the Seattle Field Office of U.S. Immigration and Customs Enforcement, et. al., Respondents-Defendants.
Matt Adams, WSBA No. 28287 Aaron Korthuis, WSBA No. 53974 Tim Henry Warden-Hertz LaRond Baker, WSBA No. 43610 NICHOLAS BROWN United States Attorney MICHELLE R. LAMBERT, NY # 4666657 Assistant United States Attorney United States Attorney's Office Attorneys for Federal Respondents-Defendants Joan K. Mell III Branches Law, PLLC Attorney for Respondent-Defendant the Facility Administrator of the Northwest ICE Processing Center David C. Fathi, WSBA No. 24893** Eunice H. Cho, WSBA No. 53711 Omar C. Jadwat* My Khanh Ngo* Attorneys for Plaintiffs *Admitted pro hac vice **Not admitted in D.C.; practice limited to federal courts JAMES C. STRONG, WSBA # 59151 Assistant United States Attorney United States Attorney's Office
Matt Adams, WSBA No. 28287
Aaron Korthuis, WSBA No. 53974
Tim Henry Warden-Hertz
LaRond Baker, WSBA No. 43610
NICHOLAS BROWN
United States Attorney
MICHELLE R. LAMBERT, NY # 4666657
Assistant United States Attorney
United States Attorney's Office
Attorneys for Federal Respondents-Defendants
Joan K. Mell
III Branches Law, PLLC
Attorney for Respondent-Defendant the Facility Administrator of the Northwest ICE Processing Center
David C. Fathi, WSBA No. 24893**
Eunice H. Cho, WSBA No. 53711
Omar C. Jadwat*
My Khanh Ngo*
Attorneys for Plaintiffs
*Admitted pro hac vice
**Not admitted in D.C.; practice limited to federal courts
JAMES C. STRONG, WSBA # 59151
Assistant United States Attorney
United States Attorney's Office
[PROPOSED] ORDER GRANTING STIPULATED MOTION TO DISMISS AND GRANTING FINAL APPROVAL OF PROPOSED CLASS SETTLEMENT
HONORABLE JAMES. L. ROBART UNITED STATES DISTRICT JUDGE
The Parties have filed a Stipulated Motion to Dismiss and Grant Final Approval of the class action settlement (Dkt. # 656). The Court has carefully considered the Class Settlement Agreement together with all exhibits thereto, all the filings related to the settlement, the arguments of counsel, and the record in this case. The Court also held a fairness hearing on May 30, 2023, following notice to the class as approved by the Court's previous order granting preliminary approval of the Agreement. The Court finds that the Agreement is sufficiently fair, reasonable, and adequate.
IT IS HEREBY ORDERED THAT:
1. This Case is dismissed with prejudice. The Parties shall bear their own attorney's fees and costs, except as provided by the Agreement.
2. The Agreement is hereby incorporated by reference in this Order, and all terms or phrases used in this Order shall have the same meaning as in the Agreement.
3. The Court grants final approval of the Agreement, finding that the terms of the Agreement are fair, reasonable, and adequate as required by Fed. Rule Civ. Proc. 23(e)(2).
4. The Court previously certified the class as “All individuals detained at the Northwest Detention Center who are age 55 years or older or have medical conditions that place them at heightened risk of severe illness or death from COVID-19 as determined by Centers for Disease Control and Prevention guidelines.” This is also the class for settlement purposes.
5. As specified in the Agreement, and notwithstanding the dismissal of this case, the Court shall retain jurisdiction over all disputes between and among the Parties arising out of the Agreement, including but not limited to interpretation and enforcement of the terms of the Agreement, except as otherwise provided in the Agreement, for a term of one year after Final Approval because the Presidential national emergency declaration concerning COVID-19 expired on May 11, 2023.
6. Neither the settlement, nor any exhibit, document, or instrument delivered thereunder shall be construed as or deemed to be evidence of an admission or concession by Defendants or an interpretation of any liability or wrongdoing by Defendants, or of the truth of any allegations asserted by Plaintiffs, Class Members, or any other person.
7. The Parties' Stipulated Motion for Final Approval of Proposed Class Settlement (“Motion”) is hereby GRANTED. The Court hereby approves the proposed class-wide relief set forth in the Agreement.
IT IS SO ORDERED.