NOTICE: SETTLEMENT AGREEMENT IN CALIXTO ACTION – WHICH THE PARTIES ARE ASKING THE COURT TO APPROVE – PROVIDES ATTORNEYS’ FEES PAYMENT BY DEFENDANTS TO PLAINTIFFS’ COUNSEL.

Please note that on September 7, 2022, the parties to Calixto, et al. v. United Sates Department of the Army, et al., Civil Action No. 18-1551, jointly requested that the Court certify the proposed class of MAVNI soldiers, appoint class counsel, and approve the parties’ settlement agrEement. The payment of attorneys’ fees to Plaintiffs’ counsel is described in Paragraph 6 of the Settlement Agreement, which can be viewed through this link Calixto Docket 253.

 

IMPORTANT TIME-SENSITIVE NOTICE REGARDING Calixto, et al. v. United States Department of the Army, et al., Civil Action No. 18-1551

NOTICE OF PROPOSED CLASS ACTION SETTLEMENT AND FAIRNESS HEARING

Per the Court’s September 10, 2022 Order (attached as Calixto Docket 254), there will be a fairness hearing before United States District Judge Paul L. Friedman on September 21, 2022, at 10:00 A.M. in Courtroom 29 of the William B. Bryant Annex to the E. Barrett Prettyman Courthouse in Washington, D.C. concerning the parties’ Joint Motion for Certification of Class, Appointment of Class Counsel, and Approval of Settlement Agreement (attached as Calixto Docket 253) and the proposed Settlement Agreement and U.S. Army Certification (attached as Calixto Docket 253-1). 

On or before September 19, 2022, at 11:59 P.M., any class member who wishes to object to the proposed settlement shall send his or her objection(s) to class counsel via the email address jennifer.wollenberg@morganlewis.com with the subject line “Objection to Proposed Class Action Settlement.”  A class member’s objection shall describe: (1) the reasoning underlying the objection; (2) whether the objecting class member wishes to be heard at the fairness hearing, either in person or virtually; and (3) if so, whether the objecting class member has any evidence that he or she wishes to present at the fairness hearing or would like the Court to consider.  Virtual attendance at the fairness hearing will be permitted only for those class members who have timely submitted their objections to class counsel in writing per the instructions above and indicated that they wish to attend the fairness hearing virtually.  

 

NOTICE: PLAINTIFFS’ COUNSEL ARE SEEKING ATTORNEYS’ FEES, COSTS, AND EXPENSES FROM DEFENDANTS IN THE NIO AND KIRWA CASES

Please In the Nio case, Plaintiffs have submitted a petition seeking attorneys’ fees, costs, and expenses.  Defendants filed an opposition on May 29, 2021.  Plaintiffs’ reply in support of that petition was filed on July 1, 2021.  Below is a copy of Plaintiffs’ petition, Defendants’ opposition, Plaintiffs’ reply, and other relevant documents:

• Nio Docket 319 – Plaintiffs’ Motion for Attorneys’ Fees, Costs, and Expenses
• Nio Docket 319-1 – Plaintiffs’ Memorandum in Support of Motion for Attorneys’ Fees, Costs, and Expenses
• Declarations, Exhibits, and Proposed Order to Plaintiffs’ Petition
  • Nio Docket 319-2
  • Nio Docket 319-3
  • Nio Docket 319-4 (see errata at Nio Docket 323-1)
  • Nio Docket 319-5
  • Nio Docket 319-6
  • Nio Docket 319-7
  • Nio Docket 319-8
  • Nio Docket 319-9
  • Nio Docket 319-10
  • Nio Docket 319-11
  • Nio Docket 319-12
  • Nio Docket 319-13
  • Nio Docket 319-14
  • Nio Docket 319-15
  • Nio Docket 319-16
  • Nio Docket 319-17
  • Nio Docket 319-18
  • Nio Docket 319-19
  • Nio Docket 319-20
  • Nio Docket 319-21
  • Nio Docket 319-22
  • Nio Docket 319-23
  • Nio Docket 319-24
  • Nio Docket 319-25
  • Nio Docket 319-26
  • Nio Docket 319-27
  • Nio Docket 319-28
  • Nio Docket 319-29
  • Nio Docket 319-30
  • Nio Docket 319-31
  • Nio Docket 319-32
  • Nio Docket 319-33
  • Nio Docket 319-34
  • Nio Docket 319-35
  • Nio Docket 319-36
  • Nio Docket 319-37
  • Nio Docket 319-38
  • Nio Docket 319-39
  • Nio Docket 319-40
  • Nio Docket 319-41
  • Nio Docket 319-42
  • Nio Docket 319-43
  • Nio Docket 319-44
  • Nio Docket 319-45
  • Nio Docket 319-46
  • Nio Docket 319-47
  • Nio Docket 319-48
  • Nio Docket 319-49
  • Nio Docket 319-50
  • Nio Docket 319-51
  • Nio Docket 319-52
  • Nio Docket 319-53
  • Nio Docket 319-54
  • Nio Docket 319-55
  • Nio Docket 319-56
• Nio Docket 323 Notice of Errata
• Nio Docket 324 Defendants’ Unopposed Motion to Expand Page-Limitations And Modify Filing Deadlines
• Nio Docket 325 Order
• Nio Docket 326 Defendants’ Opposition to Plaintiffs’ Motion for Attorneys’ Fees, Cost, and Expenses Pursuant to the Equal Access to Justice Act
• Nio Docket 327 Plaintiffs’ Reply in Support of Motion for Attorneys’ Fees, Costs, and Expenses Pursuant to the Equal Access to Justice Act
• Nio Docket 328 Order
• Nio Docket 329 Joint Status Report
• Nio Docket 330 Mediation Referral Order
• Nio Docket 331 Mediation Standing Order
• Nio Docket 332 Joint Motion to Amend Mediation Referral Order
• Nio Docket 333 Order

In the Kirwa case, the parties have reached an agreement with respect to Plaintiffs’ claim for fees, expenses, and costs, and the Court has granted the parties’ joint motion for approval of the settlement.  Below are the most recent docket entries (including the Court’s Memorandum and Order approving the parties’ settlement agreement) in the Kirwa case related to this:

• Kirwa Docket 244 – April 16, 2021 Extension Motion for Attorneys’ Fees Petition
• Kirwa Docket 245 – April 16, 2021 Order Extending Attorneys’ Fees Petition Deadline
• Kirwa Docket 251 – May 27, 2021 Jt. Motion to Approve Fees 
• Kirwa Docket 252 – July 30, 2021 Order 
• Kirwa Docket 253 – August 5, 2021 Plaintiffs’ Supplemental Memorandum Regarding Class Member Responses to the Proposed Settlement Agreement
• Kirwa Docket 254 – January 18, 2022 Memorandum Opinion and Order

Please check back periodically as class counsel for the Kirwa class and the Nio class will be adding and updating documents and information found on this Site.

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