Case: 1:17-cv-03258 Document #: 115 Filed: 12/05/17 Page 1 of 2 PageID #:1111 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION WILMER CATALAN-RAMIREZ, ) ) ) ) ) ) ) ) ) ) ) Plaintiff, v. RICARDO WONG, Field Office Director, Chicago, U.S. Immigration and Customs Enforcement (“ICE”), et al., Defendants. Case No. 17-cv-3258 The Hon. Joan H. Lefkow Magistrate Judge Jeffrey Cole PLAINTIFF’S RULE 41(A)(1) NOTICE OF DISMISSAL WITH PREJUDICE AGAINST THE CITY OF CHICAGO Pursuant to Federal Rule of Civil Procedure 41(a)(1), Plaintiff Wilmer Catalan-Ramirez hereby dismisses this action with prejudice as against Defendant City of Chicago, and without costs or fees to any party. The aforementioned Defendant has not served either an answer or a motion for summary judgement. Plaintiff and Defendant City of Chicago have reached an agreed settlement, attached as Exhibit A.1 Respectfully submitted, WILMER CATALAN-RAMIREZ By: /s/ Vanessa del Valle One of his attorneys Sheila A. Bedi Vanessa del Valle Roderick and Solange MacArthur Justice Center Northwestern Pritzker School of Law 375 East Chicago Avenue 1 Counsel has withheld certain attachments to the settlement because they contain confidential information. 1 Case: 1:17-cv-03258 Document #: 115 Filed: 12/05/17 Page 2 of 2 PageID #:1112 Chicago, IL 60611 (312) 503-1271 sheila.bedi@law.northwestern.edu vanessa.delvalle@law.northwestern.edu “Julie” Yihong Mao Sejal Zota National Immigration Project of the National Lawyers Guild 14 Beacon Street, Suite 602 Boston, MA 02108 julie@nipnlg.org sejal@nipnlg.org (617) 227 - 9727 CERTIFICATE OF SERVICE The undersigned, an attorney, certifies that she served the foregoing document upon all persons who have filed appearances in this case via the Court’s CM/ECF system on December 5, 2017. /s/ Vanessa del Valle 2 Case: 1:17-cv-03258 Document 115-1 Filed: 12/05/17 Page 1 of 8 PagelD #21113 SETTLEMENT AGREEMENT This Settlement Agreement (?Agreement?) is entered into as of November 30, 2017 (the ?Effective Date?), by and between the City of Chicago (the ?City? or ?Defendant?) and (ii) Wilmer Catalan-Ramirez (?Plaintiff?). Plaintiff and Defendant are collectively referred to here as the ?Parties.? WHEREAS, Plaintiff ?led an action in the United States District Court for the Northern District of Illinois against the City and certain identi?ed and unknown Chicago Police Department employees, as well as other persons, on May 1, 2017, styled Catalan- Ramr?rez v. Wong, No. l7-cv-3258 (the ?Lawsuit?), in which he claimed that the City and/or the CPD employees, as well as other non-City defendants, violated his rights under the Fourteenth Amendment of the United States Constitution and/or the Illinois Civil Rights Act and sought declaratory, injunctive, and damages relief; WHEREAS, Plaintiff ?led a Second Amended Complaint in the Lawsuit on September 6, 2017, in which he named additional CPD employees as defendants, which, along with the previously-named CPD employee defendants, are hereafter referred to as the Individual Defendants?; WHEREAS, the City denies any wrongdoing regarding the allegations in the Lawsuit; WHEREAS, the Parties desire to settle and compromise Plaintiffs claims in the Lawsuit on the basis of the terms set forth in this Agreement; NOW THEREFORE, for and in consideration of the promises, covenants, and conditions set forth below, the receipt and sufficiency of which is hereby acknowledged, the Parties hereby agree as follows: Case: 1:17-cv-03258 Document 115-1 Filed: 12/05/17 Page 2 of 8 PagelD #21114 1. Recitals Incorporated in Agreement. The foregoing recitals are incorporated in and made a part of the Agreement by this reference. 2. No Admission of Liability. The Parties agree that nothing contained in this Agreement shall constitute or be deemed to be an admission of any fault, liability, or wrongdoing of any kind whatsoever on the part of any Party or the Party?s future, current, or former of?cers, agents, and employees. The Parties further acknowledge and agree that settlement is made to avoid the uncertainty and expense of litigation and to promote judicial economy. 3. The City?s Obligations. The City, through CPD, agrees to do the following: By 12:00 pm. on Friday, December 1, 2017, CPD will execute the letter attached hereto in draft form as Exhibit A and send that letter to the addressees designated thereon, as well as provide a copy of the letter to Plaintiff counsel; By December 5, 2017, CPD will create in the CLEAR database a non?criminal case report re?ecting the issuance of the letter described in Paragraph 3(a) above and containing the text of that letter in the narrative portion of the case report. The letter will also be inventoried by CPD, and the inventory number will be re?ected in the non? criminal case report. The City will notify Plaintiff?s counsel by email once the non? criminal case report has been created in the CLEAR database. 4. Dismissal Of Lawsuit. Plaintiff agrees to dismiss the City from the Lawsuit with prejudice. By 5:00 pm. on Tuesday, December 5, 2017, Plaintiff shall ?le a notice of dismissal pursuant to Federal Rule of Civil Procedure 41 dismissing the City from the Lawsuit with prejudice. (On November 30, 2017, Plaintiff previously ?led a notice of dismissal dismissing the CPD Individual Defendants from the Lawsuit with prejudice.) Case: 1:17-cv-03258 Document 115-1 Filed: 12/05/17 Page 3 of 8 PagelD #21115 5. Damages, Costs, Fees. Plaintiff or his counsel will not receive any monetary payment, whether re?ecting alleged damages or otherwise, from the City or any CPD Individual Defendant. Each Party is to bear its own costs and fees, including attorney?s fees, associated with litigating the Lawsuit. 6. Release. Plaintiff, after receiving the advice of counsel, understands and agrees that, in consideration of the undertakings in this Agreement, this is a ?nal and total settlement of the matter, and Plaintiff does hereby release and forever discharge on behalf of himself, his assigns, employees, agents, and representatives, all claims of every kind or nature that he had, has, or may. have in the future under local, state, or federal law, against the City, its current or former of?cers, agents, and employees, and anyone acting on their behalf, whether served or unserved, named or unnamed, including but not limited to each CPD Individual Defendant, arising out of or relating to, either directly or indirectly, in whole or in part, the incidents or facts which are the basis of. the Lawsuit, or other CPD records or the content thereof that are otherwise known to Plaintiff or his counsel as of the date of this Agreement. Plaintiff does not waive his right to ?le future inj unctive claims against the City based on the content of CPD records that is unknown to Plaintiff or his counsel as of the date of this Agreement. This release shall become effective on the Effective Date. 7. N0 Third Party Bene?ciaries. Except for the terms of this Agreement directed to the CPD Individual Defendants, this Agreement is entered into solely for the bene?t of the Parties and their successors and assigns, and is not intended to create, nor shall it be construed to create, any rights for the bene?t of any other person, or to be enforceable by any other person, directly or derivatively in the name of any of the Parties. Case: 1:17-cv-03258 Document 115-1 Filed: 12/05/17 Page 4 of 8 PagelD #21116 8. No Assignment. No Party shall assign, in whole or in part, this Agreement or any oftheir respective rights or obligations under this Agreement, without the prior written approval of all other Parties. Such approval shall not be unreaSonably Withheld. 9. No Assignment of Claims. The Parties represent and warrant that they have not sold, assigned, transferred, conveyed, or othelwise disposed of any of the claims or causes of action being released herein. 10. Headings. The headings herein are used for the purpose of convenience only and are not meant to have legal effect. 11. Binding Effect. This Agreement shall be binding upon and inure to the bene?t of the Parties, and such successors and assigns approved pursuant to Paragraph 8 of this Agreement. Terms contained herein shall not be construed against a Party merely because that Party is or was the principal dra?er of this Agreement. 12. Governing Law. The Parties agree that this Agreement shall be governed by and construed in accordance with the internal laws, but not the con?ict of law rules, of the State of Illinois. 13. Legal Authority. The individuals signing this Agreement represent and warrant that they are duly authorized to enter into and execute this Agreement on behalf of the Parties on behalf of which or whom they are signing. 14. Dispute resolution. If any Party claims that another Party has failed to comply with any terms of the Agreement, the dispute shall be resolved according to the following process: Case: 1:17-cv-03258 Document 115-1 Filed: 12/05/17 Page 5 of 8 PagelD #21117 Attempted Resolution Between the Parties: The complaining Party shall ?rst give written notice of the dispute to the other Party. The Parties shall then-have 30 days following receipt of written notice to attempt to reach a written agreement resolving the dispute. Resolution in Court: After following the procedures set forth in subsection of this Paragraph, if the Parties are unable to resolve the dispute to their mutual satisfaction, the complaining Party may ?le a lawsuit for breach of the Agreement. 15. Advice of Counsel. In entering this Agreement, the Parties represent that they have relied upon the advice of their attorneys, who are the attorneys of their own choice, and that all of the terms of this Agreement have been interpreted and explained to them by their attorneys, and that those terms are fully understood and voluntarily accepted. The Parties also represent i and warrant that no other person or entity has or has had any interest in the claims or causes of action referred to herein, that the Parties have the sole right and exclusive authority to execute this Agreement, and that the Parties have not sold, assigned, transferred, conveyed, or otherwise disposed of any of the claims or causes of action referred to herein. 1.6. Entire Agreement. This Agreement constitutes the entire agreement of the Parties with regard to the settlement of the Lawsuit, any and all claims by Plainti??, and any and all unasserted claims and counterclaims by Defendant, regarding any of the issues that are raised in or could have been raised in the Lawsuit, and there are no other understandings or agreements between or among any the Parties with respect thereto. This Agreement may not be modi?ed, amended, waived, or revoked orally, but only by a writing signed by all Parties or their attorneys. 17. Notice. Any written notice given hereunder shall be sent by certi?ed mail, return receipt requested, or messenger delivery as follows: If to Plaintiff: Case: 1:17-cv-03258 Document 115-1 Filed: 12/05/17 Page 6 of 8 PagelD #:1118 Vanessa del Valle Northwestern Pritzker School of Law Bluhm Legal Clinic Roderick and Solange MacArthur Justice Center 375 E. Chicago Ave., 8th Floor Chicago, IL 6061] 312603-5932 If to Defendant: 18. Deputy Corporation Counsel Constitutional and Commercial Litigation Division City of Chicago Department of Law 30 N. LaSalle Street, Suite 1230 Chicago, Illinois 60602 Counterparts. This Agreement may be executed in identical original counterparts, with each counterpart constituting the entire Agreement. 19. Facsimile Signatures. A facsimile signature shall be considered the equivalent of an original signature. IN WITNESS WHEREOF, the Parties hereto execute this Settlement Agreement this 30th day of November, 2017, and this Agreement shall become fully effective upon its execution. Wilmer Catalan-Ramirez The City of Chicago, an Illinois municipal corporation and home?rule government, - ?lial; ti 113e,??! isuteew WOFLSECK His: ?31 6081001947100 Case: 1:17-cv-03258 Document 115-1 Filed: 12/05/17 Page 7 of 8 PagelD #:1119 Exhibit A Case: 1:17-cv-03258 Document 115-1 Filed: 12/05/17 Page 8 of 8 PagelD #21120 Rahm Emanuel Department of Police - City of Chicago Eddie T. Johnson Mayor 3510 S. Michigan Avenue - Chicago, Illinois 60653 Superintendent of Police Immigration Judge Virginia Perez-Guzman 525 Van Buren, Suite 500 Chicago, IL 60607 Chicago Of?ce of Chief Counsel 525 W. Van Buren, Suite 701 Chicago, IL 60607 US. Citizenship and Immigration Services Vermont Service Center Attn: U?visa Unit 75 Lower Walden St. St. Albans, VT 05479 November 30, 2017 Through this letter, the City of Chicago Police Department states that it has no objection to granting of Wilmer Catalan?Ramirez?s application for a visa. While CPD is aware of entries in CLEAR that designate Mr. Catalan- Ramirez as a gang member, such as the records attached to this letter, there exists no Gang Arrest Card in CLEAR which indicates that Mr. Catalan-Ramirez is a self-admitted gang member. Further, CPD cannot verify that Mr. Catalan- Ramirez is a gang member as de?ned by the Illinois Streetgang Terrorism Omnibus Prevention Act (740 ILCS 147/10). That statute de?nes ?gang member? as: ?any person who actually and in fact belongs to a gang, and any person who knowingly acts in the capacity of an agent for or accessory to, or is legally accountable for, or voluntarily associates himself with a course or pattern of gang?related criminal activity, whether in a preparatory, executory, or cover-up phase of any activity, or who knowingly performs, aids, or abets any such activity.? Copies of the following records are attached to this letter: 1. CLEAR documents that DHS submitted as evidence in Mr. Catalan-Ramirez?s immigration case 2. Gang Arrest Card based on 21 NOV 2016 arrest (CITY 0003 7) 3. 4 JAN 2017 ISR (CITY 00038-39) 4. 16 JUN 2015 Contact Card (CITY 00040-41) Sincerely, Charise Valente General Counsel to the Superintendent of Police Cc: US. Immigration and Customs Enforcement Chicago Field Of?ce 101 West Congress Parkway, 4th Floor Chicago, IL 60605 Emergency and 9-1-1 - Non Emergency and TTY: (within city limits) 3-1-1 Non Emergency and TTY: (outside city limits) (312) 746-6000 E-m ail: police@cityofcl1icagoorg - Website: