Case 2:18-cv-00928-MJP Document 33 Filed 09/02/18 Page 1 of 5

The Honorable Marsha J. Pechman

1
2

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

3
4
5
6
7

YOLANY PADILLA, on behalf of herself and her 6-year-old
son J.A.; IBIS GUZMAN, on behalf of herself and her
5-year-old son R.G.; BLANCA ORANTES, on behalf of
herself and her 8-year-old son A.M.;
BALTAZAR
VASQUEZ, on behalf of himself;
Plaintiffs-Petitioners,
v.

8
9
10
11
12
13
14
15
16
17
18

U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT
(“ICE”); U.S. DEPARTMENT OF HOMELAND
SECURITY (“DHS”); U.S. CUSTOMS AND BORDER
PROTECTION (“CBP”); U.S. CITIZENSHIP AND
IMMIGRATION SERVICES (“USCIS”); EXECUTIVE
OFFICE FOR IMMIGRATION REVIEW (“EOIR”);
THOMAS HOMAN, Acting Director of ICE; KIRSTJEN
NIELSEN, Secretary of DHS; KEVIN K. McALEENAN,
Acting Commissioner of CBP; L. FRANCIS CISSNA,
Director of USCIS; MARC J. MOORE, Seattle Field Office
Director,
ICE,
JEFFERSON
BEAUREGARD
SESSIONS III, United States Attorney General; LOWELL
CLARK, warden of the Northwest Detention Center in
Tacoma, Washington; CHARLES INGRAM, warden of the
Federal Detention Center in SeaTac, Washington; DAVID
SHINN, warden of the Federal Correctional Institute in
Victorville, California; JAMES JANECKA, warden of the
Adelanto Detention Facility;

No. 2:18-cv-928 MJP

JOINT STIPULATION
AND [PROPOSED]
ORDER REGARDING
MOTION BRIEFING
SCHEDULE

NOTE ON MOTION
CALENDAR: SEPTEMBER
4, 2018.

19
Defendants-Respondents.

20
21
22
23
24
25
26

JOINT STIPULATION AND
[PROPOSED] ORDER REGARDING
MOTION BRIEFING SCHEDULE
CASE NO. 2:18-cv-928 MJP

U.S. Department of Justice, Civil Division
Office of Immigration Litigation, District Court Section
PO Box 868, Ben Franklin Station
Washington, DC 20044
Telephone (202) 616-4458

 Case 2:18-cv-00928-MJP Document 33 Filed 09/02/18 Page 2 of 5

1

Pursuant to Local Civil Rules 7(d)(1) and 10(g), plaintiffs and defendants hereby stipulate

2

and jointly move the Court for an Order revising the schedule for the filing of defendants’ planned

3

dismissal motion, and plaintiffs’ planned amended motion for class certification.

4

Currently defendants’ response to plaintiffs’ Second Amended Complaint is due

5

September 5, 2018. After consultation between the parties’ counsel, the parties stipulate to an

6

extension of one day for defendants to file their planned dismissal motion, on September 6, 2018,

7

due to counsel’s travel schedule. Plaintiffs also notify the court that they intend to amend their

8

class certification motion, and intend to file the amended motion on September 6, 2018. To avoid

9

unnecessary duplication in briefing, the parties stipulate and agree to the entry of an Order that

10

sets the following schedule:

11

1. Defendants’ motion to dismiss will be due September 6 and noted for

12

September 28. The motion will follow the regular noting schedule, so plaintiffs’

13

response to the motion to dismiss will be due September 24 and defendants’ reply

14

will be due September 28.

15

2. Plaintiffs amended Motion for Class Certification will be filed on September 6, and

16

noted for September 28. The motion will follow the regular noting schedule, so

17

defendants’ response will be due September 24, and plaintiffs’ reply will be due

18

September 28.

19

The reason for this stipulation is to avoid unnecessary duplication in the briefing schedule.

20

The parties anticipate that the class certification and dismissal motions may have issues in

21

common, and believe it is appropriate to have those two motions considered at the same time.

22

Additionally, having both motions noted for the same day will help consolidate any oral argument

23

for the Court (if oral argument is granted), and simplify the Court’s review of these two motions.

24
25
26
JOINT STIPULATION AND
[PROPOSED] ORDER REGARDING
MOTION BRIEFING SCHEDULE - 1
CASE NO. 2:18-cv-928 MJP

U.S. Department of Justice, Civil Division
Office of Immigration Litigation, District Court Section
PO Box 868, Ben Franklin Station
Washington, DC 20044
Telephone (202) 616-4458

 Case 2:18-cv-00928-MJP Document 33 Filed 09/02/18 Page 3 of 5

1

RESPECTFULLY SUBMITTED this 2nd day of September, 2018.

2
3
4

s/ Matt Adams
Matt Adams, WSBA No. 28287
Email: matt@nwirp.org

5
6
7
8
9
10
11
12

Glenda M. Aldana Madrid, WSBA No. 46987
Email: glenda@nwirp.org
Leila Kang, WSBA No. 48048
Email: leila@nwirp.org
NORTHWEST IMMIGRANT
RIGHTS PROJECT
615 Second Avenue, Suite 400
Seattle, WA 98104
Telephone: (206) 957-8611
Facsimile: (206) 587-4025
Attorneys for Plaintiffs-Petitioners

Kristin Macleod-Ball*
Trina Realmuto*
AMERICAN IMMIGRATION COUNCIL
100 Summer Street, 23rd Floor
Boston, MA 02110
(857) 305-3600
trealmuto@immcouncil.org
kmacleod-ball@immcouncil.org
*Admitted pro hac vice
Attorneys for Plaintiffs-Petitioners

13
14
15
16
17
18
19
20
21

CHAD A. READLER
Acting Assistant Attorney General
Civil Division

22
23
24
25
26

WILLIAM C. PEACHEY
Director, District Court Section
Office of Immigration Litigation
EREZ REUVENI
Assistant Director, District Court Section
Office of Immigration Litigation
JOINT STIPULATION AND
[PROPOSED] ORDER REGARDING
MOTION BRIEFING SCHEDULE - 2
CASE NO. 2:18-cv-928 MJP

/s/ Lauren C. Bingham
LAUREN C. BINGHAM, Fl. Bar #105745
Trial Attorney, District Court Section
Office of Immigration Litigation
Civil Division
P.O. Box 868, Ben Franklin Station
Washington, DC 20044
(202) 616-4458; (202) 305-7000 (fax)
lauren.c.bingham@usdoj.gov
Attorneys for Defendants-Respondents
U.S. Department of Justice, Civil Division
Office of Immigration Litigation, District Court Section
PO Box 868, Ben Franklin Station
Washington, DC 20044
Telephone (202) 616-4458

 Case 2:18-cv-00928-MJP Document 33 Filed 09/02/18 Page 4 of 5

1

[PROPOSED] ORDER

2

Based on the foregoing stipulation of the parties, IT IS SO ORDERED. Defendants’ motion

3

to dismiss will be due September 6 and noted for September 28. Plaintiffs’ response to the motion

4

to dismiss will be due September 24, and defendants’ reply will be due September 28. Plaintiffs’

5

amended motion for class certification will be filed on September 6. Defendants’ response to

6

plaintiffs’ amended motion for class certification is due September 24, and plaintiffs’ reply is due

7

September 28.

8
9
DATED this

day of _________________, 2018.

10
11
12

_____________________________________
THE HONORABLE MARSHA J. PECHMAN
UNITED STATES DISTRICT JUDGE

13
14
15
16
17
18
19
20
21
22
23
24
25
26
JOINT STIPULATION AND
[PROPOSED] ORDER REGARDING
MOTION BRIEFING SCHEDULE - 3
CASE NO. 2:18-cv-928 MJP

U.S. Department of Justice, Civil Division
Office of Immigration Litigation, District Court Section
PO Box 868, Ben Franklin Station
Washington, DC 20044
Telephone (202) 616-4458

 Case 2:18-cv-00928-MJP Document 33 Filed 09/02/18 Page 5 of 5

CERTIFICATE OF SERVICE

1
2
3
4

I hereby certify that on September 2, 2018, I had the foregoing electronically filed with the
Clerk of the Court using the CM/ECF system, which will send notification of such filing to those
attorneys of record registered on the CM/ECF system. All other parties (if any) shall be served in

5
6

accordance with the Federal Rules of Civil Procedure.

7
/s/ Lauren C. Bingham
LAUREN C. BINGHAM, Fl. Bar #105745
Trial Attorney, District Court Section
Office of Immigration Litigation
Civil Division
P.O. Box 868, Ben Franklin Station
Washington, DC 20044
(202) 616-4458; (202) 305-7000 (fax)
lauren.c.bingham@usdoj.gov

8
9
10
11
12
13

Attorney for Defendants

14
15
16
17
18
19
20
21
22
23
24
25
26
JOINT STIPULATION AND
[PROPOSED] ORDER REGARDING
MOTION BRIEFING SCHEDULE - 4
CASE NO. 2:18-cv-928 MJP

U.S. Department of Justice, Civil Division
Office of Immigration Litigation, District Court Section
PO Box 868, Ben Franklin Station
Washington, DC 20044
Telephone (202) 616-4458