IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION

Transcription

1 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION JOSE JIMENEZ MORENO and MARIA JOSE LOPEZ, on behalf of themselves and all others similarly situated, vs. Plaintiffs, JANET NAPOLITANO, et al., in their official capacities, Defendants. No. 1:11-cv Judge John Z. Lee NOTICE OF RULE 30(B(6 DEPOSITION PLEASE TAKE NOTICE that pursuant to Rule 30(b(6 of the Federal Rules of Civil Procedure Plaintiffs Jose Jimenez Moreno and Maria Jose Lopez, on behalf of themselves and all others similarly situated (collectively, Plaintiffs, by and through counsel, will take the deposition of U.S. Immigration and Customs Enforcement (ICE and/or the Department of Homeland Security (DHS on the subject matters set forth in Exhibit A at the offices of Winston & Strawn LLP, 35 W. Wacker Dr., Chicago, IL 60601, on May, 2013, or at a time and place mutually agreeable to the parties. The deposition will continue from day to day until completed and shall be taken before an officer, notary public, or other person duly authorized to administer oaths. Pursuant to Fed. R. Civ. P. 30(b(3, the testimony will be recorded by stenographic, audio, video, and/or realtime transcription means.

2 Dated: April 19, 2013 By: /s/ Benjamin P. Carr Linda T. Coberly Raymond C. Perkins Benjamin P. Carr Joel M. Wallace WINSTON & STRAWN LLP 35 West Wacker Drive Chicago, IL ( Claudia Beatrice Valenzuela Rivas Mark M. Fleming NATIONAL IMMIGRANT JUSTICE CENTER 208 South LaSalle Street, Suite 1818 Chicago, Illinois Telephone: ( Fax: ( Attorneys for Plaintiffs 2

3 EXHIBIT A DEFINITIONS AND INSTRUCTIONS 1. Plaintiff(s shall refer to Jose Jimenez Moreno and Maria Jose Lopez, and all other similarly situated individuals who may be members of the class as defined in Plaintiffs Motion for Class Certification, Renewed Motion for Class Certification, and/or any further revisions or amendments to those Motions. 2. Defendant(s shall refer to Janet Napolitano, John Morton, David C. Palmatier, and Ricardo Wong, acting in their official capacities, and includes, but is not limited to, any predecessors or successors, and any agents, attorneys, representatives, employees, and/or other persons acting on their behalf. 3. ICE shall mean U.S. Immigration and Customs Enforcement and includes, but is not limited to, any predecessor or successor agencies, and any divisions, departments, affiliates, agents, attorneys, representatives, employees, and/or other persons acting on its behalf. 4. DHS shall mean the U.S. Department of Homeland Security and includes, but is not limited to, any predecessor or successor agencies, and any divisions, departments, affiliates, agents, attorneys, representatives, employees, and/or other persons acting on its behalf. 5. Detainer(s shall mean DHS Form I-247, currently entitled Immigration Detainer Notice of Action. Except as specified in an individual Topic, this Definition shall include the current version of the Detainer as well as any prior versions or subsequent revisions. 6. Person or persons shall mean an individual, corporation, proprietorship, partnership, association, or any other entity. 7. The term document shall have the broadest meaning possible under the Federal Rules of Civil Procedure and shall include, but not be limited to, the original (or a copy when the 3

4 original is not available and each non-identical copy (including those which are non-identical by reason of translations, notations, or markings or any and all other written, printed, typed, punched, taped, filmed, or graphic matter or recorded or tangible thing, or whatever description, however produced or reproduced (including computer-stored or generated data, together with instructions or programs necessary to search and retrieve such data and hard copies where available and retrievable, and shall include all attachments to and enclosures with any requested item, to which they are attached or with which they are enclosed, and each draft thereof. The term document shall specifically include all recorded or retrievable electronic data or communications such as electronic mail ( and the like and all translations thereof. 8. The term thing refers to any tangible object, other than a document, and includes objects of every kind and nature, including, but not limited to, prototypes, models, and specimens. 9. Communication means any oral, written, electronic, or other exchange of words, thoughts, information, or ideas to another person or entity, whether in person, in a group, by telephone, by letter, by Telex, by facsimile, by electronic mail, or by any other process, electric, electronic, or otherwise. All such communications in writing shall include, without limitation, printed, typed, handwritten, or other readable documents, correspondence, memoranda, reports, contracts, drafts (both initial and subsequent, computer discs or transmissions, s, instant messages, tape or video recordings, voic s, diaries, log books, minutes, notes, studies, surveys and forecasts, and any and all copies thereof. 10. The words or, and, all, every, any, each, one or more, including, and similar words of guidance, are intended merely as such, and should not be construed as words of limitation. The words or and and shall include each other whenever possible to 4

5 expand, not restrict, the scope of the Topic. The word including shall not be used to limit any general category or description that precedes it. The words all, every, any, each, and one or more shall include each other whenever possible to expand, not restrict, the scope of the Interrogatory. 11. Reference to the singular in any of these Topics shall also include a reference to the plural, and reference to the plural also shall include a reference to the singular. 12. These Topics are intended to elicit as much information as possible concerning the issues, and to the extent any Topic could be interpreted in more than one way, you should employ the interpretation of the Topic most likely to encompass and elicit the greatest amount of information possible. 13. Discovery is continuing and Plaintiffs reserve the right to supplement these Topics as necessary. TOPICS In accordance with Fed. R. Civ. P. 30(b(6, DHS and/or ICE shall identify, designate, and produce for deposition one or more officers, directors, managing agents or other person(s most knowledgeable to testify on its/their behalf regarding the subject matter of the following categories: TOPIC NO. 1 DHS and ICE s policies, procedures, and practices related to the investigation, issuance, cancellation, and enforcement of Detainers from 2010 to the present, including, but not limited to, any policies, procedures, and practices that were developed prior to 2010, but were in effect as of

6 TOPIC NO. 2 The records, files, and documents used by DHS and ICE in conjunction with the investigation, issuance, cancellation, and enforcement of Detainers, including, but not limited to, where and how those records, files, and documents are maintained and updated; how they are accessed by DHS and/or ICE agents; the information contained in those records, files, and documents; the scope of those records, files, and documents (e.g., date limitations; what information is used from those records, files, and documents; and how such information is used. TOPIC NO. 3 The records, files, documents, or any other information obtained from local or state law enforcement in conjunction with the investigation, issuance, cancellation, and enforcement of Detainers by ICE and DHS. TOPIC NO. 4 DHS and ICE s policies, procedures, and practices related to notifying an individual that a Detainer has been lodged against him or her or cancelled from 2010 to the present, including, but not limited to, any policies, procedures, and practices that were developed prior to 2010, but were in effect as of TOPIC NO. 5 The policies, procedures, mechanisms, or processes by which an individual can challenge the legality of a Detainer, from 2010 to the present, including, but not limited to, those described in Defendants responses to Plaintiffs Interrogatories. TOPIC NO. 6 ICE s revision(s of its Detainer policy and the Detainer form from 2010 to the present, including the reasons for those revision(s. 6

7 TOPIC NO. 7 The basis for ICE s assertion of authority to issue Detainers instructing an additional 48 hours of detention for the individual subject to the Detainer, including, but not limited to, statutory authorization and any pertinent regulations. TOPIC NO. 8 The documents identified in Section B of Defendants Initial Disclosures. TOPIC NO. 9 DHS and ICE s policies, procedures, and practices related to interactions and communications with local government or local law enforcement agencies regarding Detainers. TOPIC NO. 10 The identity of every employee and agent of DHS and/or ICE who was involved in the issuance and/or cancellation of a detainer against Named Plaintiffs Jose Jimenez Moreno and Maria Jose Lopez and each employee or agent s role. TOPIC NO. 11 Defendants responses to Plaintiff s First and Second Sets of Requests for Admission and First and Second Sets of Interrogatories to Defendants. TOPIC NO. 12 The organization and structure of DHS and ICE, including, but not limited to, a description of any departments, sections, or other subdivisions of those agencies that have duties or responsibilities related to the investigation, issuance, cancellation, or enforcement of Detainers. 7

8 TOPIC NO. 13 Information related to DHS and ICE s decision to activate the Secure Communities program in Cook County, Illinois and the other remaining 75 counties in the State of Illinois that were not reportedly activated as of May 4, 2011, when Illinois terminated its participation in the Secure Communities program. 8

9 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION JOSE JIMENEZ MORENO and MARIA JOSE LOPEZ, on behalf of themselves and all others similarly situated, vs. Plaintiffs, JANET NAPOLITANO, et al., in their official capacities, Defendants. No. 1:11-cv Judge John Z. Lee CERTIFICATE OF SERVICE I, Benjamin P. Carr, hereby certify that on the 19th day of April, 2013, I caused a true and correct copy of the foregoing NOTICE OF RULE 30(B(6 DEPOSITION to be served via electronic mail upon the following: Colin A. Kisor Lana L. Vahab William C. Silvis U.S. DPT. OF JUSTICE, CIVIL DIVISION OFFICE OF IMMIGRATION LITIGATION, DISTRICT COURT SECTION P.O. Box 868, Ben Franklin Station Washington, D.C colin.kisor@usdoj.gov lana.vahab@usdoj.gov william.silvis@usdoj.gov Craig Arthur Oswald UNITED STATES ATTORNEY S OFFICE NORTHERN DISTRICT OF ILLINOIS 219 South Dearborn Street, Suite 500 Chicago, Illinois craig.oswald@usdoj.gov /s/ Benjamin P. Carr 9