Cancino Castellar v. Mayorkas

Opinion

1 2 3 4 5 6 7 8 9 UNITED STATES DISTRICT COURT 10 SOUTHERN DISTRICT OF CALIFORNIA Jose Orlando CANCINO Case No. 3:17-cv-00491-JO-AHG 12) CASTELLAR, Ana Maria HERNANDEZ AGUAS, Michael Ce) GONZALEZ, 14 PROPOSEDTORDER GRANTING 15 Plaintiffs-Petitioners, JOINT MOTION FOR FINAL 6 APPROVAL OF SETTLEMENT

7 “ District Judge: Hon. Jinsook Ohta Alejandro MAYORKAS, Secretary of Magistrate Judge: Hon. Allison H. Goddard Homeland Security; et al., Defendants-Respondents. 21 22 Presently before the Court is the Parties’ Joint Motion for Final Approval of 23 ||Settlement. On January 24, 2024, the Court preliminarily approved the proposed 24 || Settlement Agreement and approved the proposed Notice Plan as described in the 25 || proposed Agreement at § 10, and it ordered a 30-day notice period to commence on 26 || January 31, 2024. ECF No. 245. The notice period ended on February 29, 2024. To date, 27 || no objections have been filed with the Court, and Class Counsel reports that no objections 2g || were lodged with them.

1 The Court has carefully considered the Parties’ Joint Motion, the proposed 2 Settlement Agreement, all filings related to the Settlement, the record in this case, the 3 || factors listed in Fed. R. Civ. P. 23(e)(2), and the additional factors described by the Ninth 4 || Circuit in Hanlon v. Chrysler Corp., 150 F. 3d 1011, 1026 (9th Cir. 1998). The Court held 5 fairness hearing on the motion on March 14, 2024, following notice to the class as 6 described above. The Court find that the Agreement is fair, reasonable, and adequate. 7 IT IS HEREBY ORDERED l. The Court grants final approval of the Agreement, finding the terms of the Agreement are fair, reasonable, and adequate as required by Fed. R. Civ. P. 9 23(e). 10 2. The previously certified class, ECF Nos. 212, 214, remains the certified class i for purposes of the Agreement and is explicitly defined in § 1.d of the 12 Agreement. 13 3. The Court orders Defendants to pay attorneys’ fees and costs in the amount 14 of $645,000. The Court finds that this amount is fair, reasonable, and 15 adequate. 16 4. Defendants shall provide compliance reporting to Plaintiffs consistent with § 17 7 of the Agreement. 18 5. The Parties shall execute and file a Joint Motion for Dismissal of the Action 19 with prejudice, consistent with §§ 11.a. and 11.e. of the Agreement. 20 6. Notwithstanding the dismissal of this action, Magistrate Judge Alison H. 1 Goddard shall retain jurisdiction to enforce the terms of this Agreement for a 7 period of up to three (3) years after dismissal of the action. The Court may 73 enforce the terms of Sections 2 through 5 this Agreement only on an individual basis, with respect to the application of such terms to an individual

95 class member against whom proceedings under 8 U.S.C. §§ 1221-1231 have been initiated. See § 11.b. of the Agreement. Defendants may request early 26 termination of jurisdiction and the obligations of this Agreement pursuant to 27 the terms of § 11.c. of the Agreement. 28 5

1 2 || IT ISSO ORDERED. 3 DATED: March B. 2024 \ H imsook Ohta > United States District Judge 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 CASE NO 2-17-C/V.00401-1O_AUG