Favela Avendano v. Bostock

Opinion

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE

WILFREDO FAVELA CASE NO. C20-0700JLR-MLP AVENDAÑO, et al., ORDER ADOPTING REPORT Petitioners-Plaintiffs, AND RECOMMENDATION AND v. GRANTING PETITIONERS’ MOTION FOR CLASS

NATHALIE ASHER, et al., Respondents-Defendants. I. INTRODUCTION Before the court is Magistrate Judge Michelle L. Peterson’s Report and Recommendation on Petitioners-Plaintiffs Wilfredo Favela Avendaño, J.A.M., and Naeem Khan’s (collectively, “Petitioners”)1 second motion for class certification. (See R&R (Dkt. # 209); see also 2d MCC (Dkt. # 134).) After Magistrate Judge Peterson

1 Petitioner Naeem Khan is the only named petitioner still in detention. (See Not. of Release (Dkt. # 151) (Mr. Favela Avendano released); Bostock Decl. (Dkt. # 63) ¶ 79 (J.A.M. released)). issued her Report and Recommendation granting Petitioners’ motion, Respondents- Defendants Nathalie Asher, Tony H. Pham, and United States Immigration and Customs

Enforcement (“ICE”) (collectively, the “Government”) filed objections to the R&R. (See Obj. (Dkt. # 223).) Respondents-Defendants Northwest Ice Processing Center (“NWIPC”) and Stephen Langford join in the Government’s objections. (See Mell Decl. (Dkt. # 225).) Petitioners filed a response to the Government’s objections. (Resp. (Dkt. # 228).) The court has considered Petitioners’ second motion for class certification, Magistrate Judge Peterson’s Report and Recommendation granting that motion, the

parties’ submissions in support of and in opposition to Petitioners’ motion and the Report and Recommendation, the relevant portions of the record, and the applicable law. Being fully advised,2 the court ADOPTS Magistrate Judge Peterson’s Report and Recommendation and GRANTS Petitioners’ second motion for class certification.

A district court has jurisdiction to review a Magistrate Judge’s Report and Recommendation on dispositive matters. See Fed. R. Civ. P. 72(b). “The district judge must determine de novo any part of the magistrate judge’s disposition that has been properly objected to.” Fed. R. Civ. P. 72(b)(3). “A judge of the court may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate

judge.” 28 U.S.C. § 636(b)(1); see also Fed. R. Civ. P. 72(b)(3) (“The district judge may

2 No party has requested oral argument (see Obj. at 1; Resp. at 1), and the court does not find that oral argument would be helpful to its disposition of Respondents-Defendants’ objections, see Local Rules W.D. Wash. LCR 7(b)(4). accept, reject, or modify the recommended disposition; receive further evidence; or return the matter to the magistrate judge with instructions.”). The court reviews de novo those

portions of the Report and Recommendation to which specific written objection is made. United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) (en banc). The Government objects to Magistrate Judge Peterson’s recommendations regarding commonality and typicality under Federal Rule of Civil Procedure 23(a) and uniformity of remedy under Federal Rule of Civil Procedure 23(b)(2). (See generally Obj.) The court has reviewed the Government’s objections and finds that Magistrate

Judge Peterson has thoroughly addressed the Government’s arguments in her Report and Recommendation. (See generally R&R.) Furthermore, the court has independently reviewed the issues raised by the Government and reaches the same conclusions as Magistrate Judge Peterson for the same reasons. Accordingly, the court OVERRULES the Government’s objections and ADOPTS the Report and Recommendation.

For the reasons stated above, the court ADOPTS Magistrate Judge Peterson’s Report and Recommendation (Dkt. # 209); GRANTS Petitioners’ second motion for class certification (Dkt. # 134); and certifies this matter as a class action. The class is defined as follows:

All individuals detained at the Northwest Detention Center who are age 55 years or older or who have medical conditions that place them at heightened risk of severe illness or death from COVID-19 as determined by Centers for Disease Control and Prevention guidelines. // The court appoints Petitioners as class representatives and appoints Petitioners’ counsel as class counsel.

The Clerk is directed to send copies of this order to the parties and to Magistrate Judge Peterson. Dated this 18th day of March, 2021. A United States District Judge