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Hamama v. Adducci

United States District Court, E.D. Michigan, Southern Division

June 20, 2018

USAMA JAMIL HAMAMA, et al., Petitioners and Plaintiffs,
v.
REBECCA ADDUCCI, et al., Respondents and Defendants.

          Mag. David R. Grand Class Action

          ORDER REGARDING PETITIONERS/PLAINTIFFS' EMERGENCY MOTION REGARDING COERCION AND INTERFERENCE WITH CLASS MEMBERS (ECF 307)

          MARK A. GOLDSMITH UNITED STATES DISTRICT JUDGE

         At a session of the Court held on June 18, 2018, the Court considered Petitioners' Emergency Motion Regarding Coercion and Interference with Class Members (ECF 307) and Respondents' Opposition to that Motion (ECF 311). This Court instructed the parties to meet and confer regarding the relief requested in the Motion. This Order documents the agreements reached by the parties during that meet-and-confer and the Court's decision where the parties were unable to reach agreement.

         After hearing argument and considering the parties' positions, the Court finds the relief set forth below is appropriate:

         The requirements in this Order apply to all consular interviews that have taken place since May 1, 2017 and all consular interviews going forward, unless otherwise specified below.

         The term “class member” used in this Order shall mean any member of the Primary Class, as defined in this Court's January 2, 2018 Order, ECF 191, Pg.ID #5359-60.

         A. Respondents shall provide 7 days' notice to Class Counsel prior to any Iraqi consular interviews to be scheduled or conducted going forward so that Class Counsel can arrange for prompt class member meetings. Respondents shall provide the following information:

a. the names of class members, which, if a transfer is involved, can be provided after their transfer has occurred but at least 48 hours before Class Counsel's meeting with the class members;
b. if consular interviews are being facilitated by detainee transfers, the approximate number of class members being transferred;
c. the facility where consular interviews are being conducted; and
d. the anticipated date(s) of arrival if the interviews are being facilitated by detainee transfers; and
e. the anticipated date(s) of the consular interviews.

         The notice may be designated as Highly Confidential under the Second Amended Protective Order. Class Counsel may share this information only in order to make appropriate arrangements for client meetings under Paragraph B. The 7-day period for arranging class member meetings under Paragraph B starts once Respondents have provided all of the information in A(b) to A(e).

         B. Respondents shall permit Class Counsel or their designees to meet with class members in group and individual client meetings at Class Counsel's discretion prior to Iraqi consular interviews, so that detainees have accurate information and can make knowing and informed choices about what documents to sign. The parties shall work together on scheduling to ensure that Class Counsel or their designees have sufficient time with and access to all class members, and that the ...


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