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Immigration Law

Calixto Settlement (9-22-22)

Calixto v. U.S. Dept. of the Army

"ORDERED that the parties' Joint Motion for Certification of Class, Appointment of Class Counsel, and Approval of Settlement Agreement ("Motion") [Dkt. No. 253] is GRANTED; it is
FURTHER ORDERED that the following class is certified under Rule 23(b)(2) of the Federal Rules of Civil Procedure:
a. All soldiers who enlisted in the U.S. Army (including Selected Reserve of the Ready Reserve/Delayed Training Program ("DTP") and Regular Army/Delayed Entry Program ("DEP") soldiers) through the Military Accessions Vital to the National Interest ("MA VNI") program, and did so on or prior to September 30, 2017, and
b. have not been discharged, or
c. have been discharged by the U.S. Army (including the U.S. Army Recruiting Command and/or the U.S. Army Reserve Command, collectively, the "Army"), where such discharge or separation was not characterized as Honorable, General (under honorable conditions), Under Other Than Honorable Conditions, Bad Conduct, or Dishonorable; it is
FURTHER ORDERED that, pursuant to Rule 23(g) of the Federal Rules of Civil Procedure, plaintiffs' counsel of record at Morgan, Lewis & Bockius LLP are appointed as class counsel; it is FURTHER ORDERED that the Settlement Agreement and U.S. Army Certification ("Settlement Agreement") [Dkt. No. 253-1], being fair, reasonable, and adequate under Rule 23(e)(2) of the Federal Rules of Civil Procedure, is APPROVED; it is
FURTHER ORDERED that, as described in the parties' motion, see Motion ,i 9, the parties shall (1) within 14 days of the filing of this Memorandum Opinion and Order, post the Settlement Agreement and instructions regarding utilizing the relief provided therein to the separate websites maintained by the Army and class counsel, and (2) maintain those posts through at least September 30, 2024; it is
FURTHER ORDERED that, pursuant to the parties' stipulation and Rule 41 (a)(l )(A)(ii) of the Federal Rules of Civil Procedure, the naturalization-related allegations in the Third Amended Class Action Complaint [Dkt. No. 205] are dismissed with prejudice and the claims concerning U.S. Army service that are independent of rights to naturalization are dismissed without prejudice; and it is
FURTHER ORDERED that plaintiffs' Renewed Motion for Class Certification and Appointment of Class Counsel [Dkt. No. 213] is DENIED as MOOT.
SO ORDERED."