Opinion
2:19-cv-00321-RSL
09-05-2024
Leobardo MORENO GALVEZ, et al. Plaintiffs, v. Ur JADDOU, Director, U.S. Citizenship and Immigration Services, et al. Defendants.
Matt Adams, WSBA No. 28287, Aaron Korthuis, WSBA No. 53974 Northwest Immigrant Rights Project Attorneys for Plaintiffs BRIAN M. BOYNTON Principle Deputy Assistant Attorney General WILLIAM C. PEACHEY Director, District Court Section Office of Immigration Litigation JESSICA D'ARRIGO Senior Litigation Counsel ALEXA WHITE Trial Attorney, KATELYN MASETTA-ALVAREZ, OH Bar # 97857 Trial Attorney Office of Immigration Litigation District Court Section Attorneys for Defendants
Matt Adams, WSBA No. 28287, Aaron Korthuis, WSBA No. 53974 Northwest Immigrant Rights Project Attorneys for Plaintiffs
BRIAN M. BOYNTON Principle Deputy Assistant Attorney General WILLIAM C. PEACHEY Director, District Court Section Office of Immigration Litigation JESSICA D'ARRIGO Senior Litigation Counsel ALEXA WHITE Trial Attorney, KATELYN MASETTA-ALVAREZ, OH Bar # 97857 Trial Attorney Office of Immigration Litigation District Court Section Attorneys for Defendants
ORDER GRANTING JOINT MOTION FOR FINAL APPROVAL OF SETTLEMENT AGREEMENT
HONORABLE ROBERT S. LASNIK, UNITED STATES DISTRICT JUDGE
WHEREAS, the above-captioned matter is pending before this Court as a certified class action (the “Action”);
WHEREAS, the Parties made an application, pursuant to Federal Rule of Civil Procedure 23(e), for an order: (i) preliminarily approving the Settlement Agreement dated May 17, 2024, setting forth the terms and conditions for the settlement of Plaintiffs' Motion for Attorneys' Fees and Costs under the Equal Access to Justice Act, ECF No. 100 (“Motion”); (ii) approving the form of Class Notice; and (iii) scheduling a date for the Fairness Hearing for the Court to consider and determine whether to approve the terms of the Settlement Agreement as fair, reasonable, and adequate; and
WHEREAS, this Court issued a Preliminary Approval Order, approved the form of Class Notice (with modifications), and held a Fairness Hearing on September 5, 2024, see Dkt. 120; and
WHEREAS, this Court has duly considered the arguments in favor of the Settlement Agreement; and
WHEREAS, no objection has been submitted in opposition to the Settlement Agreement; The Court hereby finds the Settlement Agreement to be fair, reasonable, and adequate, because:
1. Class Members were adequately represented by class representatives and Plaintiffs' I counsel;
2. The Settlement Agreement was the product of arm's length negotiations;
3. The Settlement Agreement provides Class Members with adequate relief; and
4. The Settlement Agreement treats Class Members equitably.
THEREFORE, the settlement of the Motion pursuant to the terms and conditions of the Settlement Agreement is hereby approved pursuant to Federal Rule of Civil Procedure 23(e) and shall be binding on all parties to the Settlement Agreement: the Named Plaintiffs, Class Members, Ur M. Jaddou, Director of United States Citizenship and Immigration Services (USCIS), Alejandro Mayorkas, Secretary of the United States Department of Homeland Security (DHS), and Terri A. Robinson, Director of the National Benefits Center.
The Court further provides as follows:
1. 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.
2. The Agreement provides that Defendants shall pay Plaintiffs the amount of $400,000 in attorneys' fees and costs. The Court finds that the provisions for payment of attorneys' fees and costs are reasonable.
3. 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 provided in the Agreement and pursuant to the terms of the Agreement.
IT IS SO ORDERED.