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-05452 Judge John Z. Lee PLAINTIFFS SECOND SET OF INTERROGATORIES TO DEFENDANTS Pursuant to Rule 33 of the Federal Rules of Civil Procedure, Plaintiffs Jose Jimenez Moreno and Maria Jose Lopez, by and through their attorneys, propound the following Interrogatories (individually, an Interrogatory, and collectively, the Interrogatories to Defendants Janet Napolitano, John Morton, David Palmatier, and Ricardo Wong in their official capacities. Per the agreement of the parties and the Court s instructions on January 8, 2013, Defendants shall have sixty (60 days from the service of these Interrogatories to respond. In accordance with Rule 26(e of the Federal Rules of Civil Procedure, these Interrogatories shall be deemed to be continuing. If Defendants discover further information that is responsive hereto, or that alters or augments the answers already given, Defendants should promptly provide Plaintiffs with such information by amended or supplemental responses. 1
DEFINITIONS AND INSTRUCTIONS 1. Plaintiffs incorporate by reference the applicable Definitions and Instructions from Plaintiffs First Set of Requests for Production of Documents and Things from Defendants, First Set of Requests for Admission to Defendants, and First Set of Interrogatories to Defendants. 2. 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 (Dkt. No. 5. This definition shall also include Intervenors Sergey Mayorov and Nicholas Taylor-Jones if the Court grants their pending Motion to Intervene (Dkt. No. 25. 3. 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. 4. 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. 5. 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. 6. Detainer(s shall mean DHS Form I-247, currently entitled Immigration Detainer Notice of Action. Except as specified in an individual Interrogatory, this Definition shall include the current version of the Detainer as well as any prior versions or subsequent revisions. 2
7. Chicago AOR shall mean the ICE Chicago Field Office, including but not limited to any sub-offices or other subdivisions under the Chicago Field Office s authority and the ICE Detention Enforcement and Processing Offenders by Remote Technology (DEPORT Center. 8. 48-hour detention period(s shall mean the period an individual is detained pursuant to a Detainer and 8 C.F.R. 287.7. 9. Person or persons shall mean an individual, corporation, proprietorship, partnership, association, agency, or any other entity. 10. 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 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 (e-mail and the like and all translations thereof. 11. 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. 3
12. 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, 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, e-mails, instant messages, tape or video recordings, voicemails, diaries, log books, minutes, notes, studies, surveys and forecasts, and any and all copies thereof. 13. 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 expand, not restrict, the scope of an Interrogatory. 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 an Interrogatory. 14. Reference to the singular in any of these Interrogatories shall also include a reference to the plural, and reference to the plural also shall include a reference to the singular. 15. These Interrogatories are intended to elicit as much information as possible concerning the issues, and to the extent any Interrogatory could be interpreted in more than one way, you should employ the interpretation of the Interrogatory most likely to encompass and elicit the greatest amount of information possible. 16. If Defendants refuse to disclose any of the information requested in any of these Interrogatories on the basis of a privilege or other protection, please so state, and further state the 4
basis of the privilege or other protection claim with sufficient specificity to permit the Court and counsel to evaluate and test the privilege or protection claimed. 17. To the extent documents are produced in lieu of answering any of these Interrogatories, please produce such documents as kept in the ordinary course, see Fed. R. Civ. P. 34, and without any rearrangement. In addition, please provide the documents in such a way that they can be correlated to the Interrogatory or Interrogatories to which the documents are responsive, and identify the Bates number for all such documents in your Interrogatory response. 18. Defendants are under a continuing obligation to respond to the Interrogatories set forth herein. Accordingly, if Defendants subsequently gain additional information called for in any of the Interrogatories set forth herein, Defendants should promptly produce such information to Plaintiffs. 5
INTERROGATORIES INTERROGATORY NO. 13 Identify and explain DHS and/or ICE s legal authority to make warrantless arrests, including, but not limited to, any relevant statutes, regulations, or judicial decisions. INTERROGATORY NO. 14 Identify and describe the role of every individual involved in the issuance and cancellation of the Detainers against the named Plaintiffs and Intervenors, including, but not limited to, any individuals who issued and/or cancelled the Detainers, any individuals who were involved in the investigation into the immigration status of the Plaintiffs or Intervenors, and any other individuals who investigated or determined the basis for the issuance or cancellation of the Detainers. 6
Dated: February 15, 2013 Respectfully Submitted, 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 60601 (312 558-5600 LCoberly@winston.com RPerkins@winston.com BCarr@winston.com JWallace@winston.com Claudia Beatrice Valenzuela Rivas Mark M. Fleming NATIONAL IMMIGRANT JUSTICE CENTER 208 South LaSalle Street, Suite 1818 Chicago, Illinois 60604 Telephone: (312 660-1370 Fax: (312 660-1505 cvalenzuela@heartlandalliance.org mfleming@heartlandalliance.org Attorneys for Plaintiffs and Intervenors 7
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-05452 Judge John Z. Lee CERTIFICATE OF SERVICE I, Benjamin P. Carr, hereby certify that on the 15th day of February, 2013, I caused a true and correct copy of the foregoing PLAINTIFFS SECOND SET OF INTERROGATORIES TO DEFENDANTS to be served via electronic and first class mail upon the following counsel for Defendants: 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. 20044 colin.kisor@usdoj.gov lana.vahab@usdoj.gov william.silvis@usdoj.gov February 15, 2013 Craig Arthur Oswald UNITED STATES ATTORNEY S OFFICE NORTHERN DISTRICT OF ILLINOIS 219 South Dearborn Street, Suite 500 Chicago, Illinois 60604 craig.oswald@usdoj.gov /s/ Benjamin P. Carr 8