Case Document 228 Filed 09/14/18 PagelD.3696 Pagelof3 I Catherine Weiss One Lowenstein Drive Partner and Chair, Lowenstein Roseland, New Jersey 07053 all el' Center for the Public Interest T: 973.597.2438 F: 973.597.2439 E: cweiss@lowenstein.com September 14, 2018 VIA ECF AND EMAIL Hon. Dana Sabraw, U.S.D.J. United States District Court for the Southern District of California Courtroom 13A (13th Floor - Carter/Keep) Suite 1310 333 West Broadway San Diego, CA 92101 Re: Ms. L. v. ICE, Dkt. No. v. Sessions, Dkt. No. Fed. R. Civ. P. 23(e) Notice and Hearing Requirements. Dear Judge Sabraw: I write on behalf of Catholic Charities Community Services of the Archdiocese of New York which is the subcontractor for legal services to children in federal custody in New York and has provided or is providing legal services, including ongoing representation, to hundreds of separated children. clients are putative class members who will be directly affected by the proposed settlement in the litigation; they meet the de?nition of what the parties refer to as Agreed Class Members? at footnote 1 of the ?Plan to address the asylum claims of class-member parents and children who are physically present in the United States.? Ms. L. v. ICE, No. 18-428, ECF No. 220-1 (September 12, 2018). As the parties to the Ms. L. and matters acknowledge, the Court directed them to meet and confer on, among other things, ?how they wish to proceed on the issues of class certi?cation and Plaintiffs? entitlement to asylum proceedings under 235 or 240.? v. Sessions, No. 18-1832, Order, ECF No. 55 at 16 (Aug. 16, 2018); see also Ms. L. v. ICE, No. 18-428, Order, ECF No. 196 at 1 (Aug. 17, 2018) parties shall meet and confer . . . on class certi?cation in and whether the plaintiffs in that case are entitled to pursue asylum requests under 235 or The parties submitted a proposed agreement to resolve the issues identi?ed by the Court. However, their proposed plan remains silent on class certi?cation, which will be a necessary prerequisite to the Court?s approval of the proposed settlement. It is our understanding that the parties intend to ?address any procedural steps that may be necessary prior to approval of the agreement? during today?s status conference. Ms. L. v. ICE, No. 18-428, Notice Lodging Agreement for Court?s Approval, ECF No. 220 at 2 (Sept. 12, 2018). The parties? proposed agreement would bind the Agreed Class Members? and NEW YORK PALO ALTO NEW JERSEY UTAH WASHINGTON, DC. Lowenstein Sandler LLP Case Document 228 Filed 09/14/18 PagelD.3697 PageZofB Hon. Dana Sabraw, U.S.D.J. September 14, 2018 Page 2 therefore the process undertaken prior to the Court?s approval must comply with Federal Rule of Civil Procedure 23(e). Rule 23(e) requires notice to the class, an opportunity to object, and a hearing to determine whether the settlement is ?fair, reasonable, and adequate.? Fed. R. Civ. P. We understand the need to proceed as swiftly as possible and are therefore offering our services to assist with the notice requirement. Upon request, we would be happy to provide the parties with a list of the federal subcontractors who provide legal services to children in federal custody. Res ectfully submitted, . %5 Catherine Weiss 8/ Katie R. Katie R. CC: Lee Gelernt, lgelernt@aclu.org Judy Rabinovitz, irabinovitz@aclu.org Anand Balakrishnan, ACLU Immigrant Rights Project Bardis Vakili, bvakili@aclusandiego.org ACLU Foundation of San Diego Imperial Counties Stephen B. Kang, skang@aclu.org Spencer E. Amdur, samdur@aclu.org ACLU Foundation of Northern California Haley Costello Essig, halev.essig@hoganlovells.com Ira Feinberg, ira.feinberg@hoganlovells.com Justin Bernick, Justin.bemick@hoganlovells.com Katherine Nelson, Michael M. Maddigan, Oliver Arrnas, Oliver.armas@hoganlovells.com T. Clark Weymouth, t.wevmouth@hoganlovells.com Zachary Best, Zacharv.best@hoganlovells.com Hogan Lovells Lowenstein Sandler Case Document 228 Filed 09/14/18 PagelD.3698 PageBofB I-Ion. Dana Sabraw, U.S.D.J. September 14, 2018 Page 3 August Edward Felntje, Sarah B. Fabian, sarah.b.fabian@usdoi.gov Nicole N. Murley, Nicole.murlev@usdoi.gov Scott Grant Stewart, Briana Faith Yuh, briana.vuh@usdoi.2ov Jeffrey S. Robins, US. Department of Justice Samuel William Bettwy, Samuel.Bettwy@usdoi.gov US. Attorney?s Of?ce Southern District of California 35708:? 4f182028475342 Lowenstein Sandler