Case 2:18-cv-00928-MJP Document 88 Filed 11/09/18 Page 1 of 5

The Honorable Marsha J. Pechman

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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YOLANY PADILLA,; IBIS GUZMAN, BLANCA
ORANTES, BALTAZAR VASQUEZ,
Plaintiffs-Petitioners,
v.
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, MATTHEW G. WHIITAKER,1 Acting 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
SUBMISSION OF 26(f)
REPORT

NOTE ON MOTION
CALENDAR:
NOVEMBER 9, 2018.

Defendants-Respondents.

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

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and jointly move the Court for an Order extending the deadline for submission of the Fed. R. Civ.

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P. 26(f) report, until two weeks after this Court’s ruling on the pending motion for class

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certification.

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On July 31, 2018, this Court entered an order setting the deadlines for the parties to meet

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and confer pursuant to Fed. R. Civ. P. 26(f), and to exchange initial disclosures and file a 26(f)

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On November 7, 2018, Matthew G. Whitaker became the Acting Attorney General, automatically substituting for
Jefferson B. Sessions III as a party in accordance with Federal Rule of Civil Procedure 25(d).

JOINT STIPULATION AND
[PROPOSED] ORDER
REGARDING SUBMISSION OF
26(f) REPORT- 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 88 Filed 11/09/18 Page 2 of 5

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report. ECF 17. The parties jointly determined that it was prudent to brief the issues in the motion

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to dismiss and motion for class certification prior to having a Rule 26(f) conference so that both

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parties had a fuller understanding of the issues. Pursuant to the instructions in that order, the parties

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jointly telephoned the Courtroom Deputy to request an extension. A thirty-day extension was

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granted. ECF 32. The parties subsequently met and conferred pursuant to the Court’s order.

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However, after the conference, the parties agreed that additional time to discuss would be

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productive. Accordingly, the parties jointly requested an additional 30-day extension of the

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deadline to exchange initial disclosures and submit a Rule 26(f) report to the Court, which was

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granted.

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The parties have now exchanged initial disclosures pursuant to this Court’s order. But after

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discussing further, the parties believe that it would be most efficient for both the parties and the

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Court to extend the deadline for submission of the joint 26(f) report until two weeks after this

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Court rules on the motion for class certification, so that the parties know the scope of the case

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before finalizing the report. The parties believe this will inform their further discussions regarding

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the requirements of Rule 26 and result in a 26(f) report that serves the needs of the case.

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JOINT STIPULATION AND
[PROPOSED] ORDER
REGARDING SUBMISSION OF
26(f) REPORT- 2
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 88 Filed 11/09/18 Page 3 of 5

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RESPECTFULLY SUBMITTED this 9th day of November, 2018.

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s/ Matt Adams
Matt Adams, WSBA No. 28287
Email: matt@nwirp.org
Leila Kang, WSBA No. 48048
Email: leila@nwirp.org
Aaron Korthuis, WSBA No. 53974
Email: aaron@nwirp.org

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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

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JOSEPH. H. HUNT
Assistant Attorney General
Civil Division

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WILLIAM C. PEACHEY
Director, District Court Section
Office of Immigration Litigation
EREZ REUVENI
Assistant Director, District Court Section

/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

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JOINT STIPULATION AND
[PROPOSED] ORDER
REGARDING SUBMISSION OF
26(f) REPORT- 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 88 Filed 11/09/18 Page 4 of 5

[PROPOSED] ORDER

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Based on the foregoing stipulation of the parties, IT IS SO ORDERED. The parties shall

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submit their 26(f) report within TWO WEEKS of this Court’s ruling on the pending motion for

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class certification.

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DATED this

day of _________________, 2018.

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_____________________________________
THE HONORABLE MARSHA J. PECHMAN
UNITED STATES DISTRICT JUDGE

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JOINT STIPULATION AND
[PROPOSED] ORDER
REGARDING SUBMISSION OF
26(f) REPORT- 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

 Case 2:18-cv-00928-MJP Document 88 Filed 11/09/18 Page 5 of 5

CERTIFICATE OF SERVICE

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I hereby certify that on November 9, 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

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accordance with the Federal Rules of Civil Procedure.

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/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

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Attorney for Defendants

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JOINT STIPULATION AND
[PROPOSED] ORDER
REGARDING SUBMISSION OF
26(f) REPORT- 5
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