Case 1:14-cv-01246-GBL-JFA Document 51 Filed 06/05/15 Page 1 of 4 PageID# 355

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Alexandria Division LEONEL RUIZ, on behalf of his daughter, E.R., ) a minor, ) ) Plaintiff, ) ) v. ) ) UNITED STATES OF AMERICA, ) ) Defendant. ) )

Case No. 1:14cv1246 (GBL/JFA)

JOINT MOTION FOR APPROVAL OF SETTLEMENT AND RELEASE Pursuant to the Federal Tort Claims Act (“FTCA”), 28 U.S.C. § 2671 et seq., and the Code of Virginia § 8.01-424, the parties, through the undersigned counsel, hereby respectfully submit this joint motion for approval of a settlement and release of claims for tortious injury in the above-captioned action. The grounds for this motion are as follows: 1.

Leonel Ruiz (“Plaintiff”) is the natural father, guardian, and next friend to E.R., a

2.

Plaintiff, on behalf of his daughter, E.R., commenced this action to recover

minor.

damages for claims of false imprisonment, intentional infliction of emotional distress, and negligence under the FTCA, alleging that officers of the United States Custom and Border Protection detained E.R. for more than 20 hours at Dulles International Airport on March 11 and March 12, 2011, and then forced her to return to Guatemala. 3.

After engaging in settlement negotiations, the parties have agreed in principle to a

settlement resolving this action. Because E.R. is a minor, “[t]he rules governing settlement of [her] claims are embedded in traditional state-law domain of contract, agency, and family law.” See In re Peanut Corp., No. 6:10cv27, 2010 WL 3463212, at *4 (W.D. Va. Aug. 25, 2010),

Case 1:14-cv-01246-GBL-JFA Document 51 Filed 06/05/15 Page 2 of 4 PageID# 356

report and recommendation adopted, 2010 WL 3463210 (W.D. Va. Sept. 2, 2010). Under Virginia law, judicial review and approval of the settlement terms is required in a case involving a minor. See K.S. v. Ambassador Programs Inc., No. 1:10cv439, 2010 WL 3565481, at *1 (E.D. Va. Sept. 3, 2010) (citing Va. Code § 8.01-424). A court’s approval is required even where the minor’s parents have represented the interests of the minor in the proceedings, including in settlement negotiations. See In re Abrams & Abrams, P.A., 605 F.3d 238, 247 (4th Cir. 2010) (“To be sure, a court must independently investigate and evaluate any compromise or settlement of a minor’s claims to assure itself that the minor’s interests are protected, even if the settlement has been recommended or negotiated by the minor’s parent . . . .” (internal quotation marks omitted)). 4.

Without in any way admitting liability on its part, Defendant the United States of

America has agreed to compromise all claims and defenses in this action by payment of ThirtyTwo Thousand Five Hundred Dollars ($32,500.00) to Plaintiff, on behalf of E.R., as settlement, from which no funds will be used to compensate Plaintiff’s attorneys for their legal services, see 28 U.S.C. § 2678, and all of which will be used for the use and benefit of E.R. All of Plaintiff’s present and former attorneys have represented Plaintiff throughout all stages of this litigation, including, but not limited to, the processing of Plaintiff’s administrative claim or claims and district court complaints in connection with this case, on a pro bono basis. 5.

Plaintiff, on behalf of E.R., agrees to accept the sum of Thirty-Two Thousand

Five Hundred Dollars ($32,500.00) as consideration in full settlement of all claims that E.R. or her heirs, executors, or assigns may have or acquire against the United States, its agencies, employees, agents, or servants, arising from the events that gave rise to the above-captioned lawsuit, including any claim to attorney’s fees arising from the same.

2

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6.

An unexecuted copy of the proposed Settlement Agreement and Release

(“Settlement Agreement”) is incorporated herein and attached as Exhibit A. Upon approval by this Court of this motion, the parties will execute the Settlement Agreement and each retain executed copies of the Settlement Agreement. 7.

The parties believe the sums, benefits, and costs described in Paragraphs 4 and 5

above represent a fair, just, and reasonable settlement of E.R.’s personal injury claims, such compromise to be in full and final settlement and satisfaction of any and all claims, costs, expenses or compensation against Defendant, its agencies, agents, servants, or employees by reason of or arising out of the circumstances set forth in the complaint filed in this matter. 8.

The parties recommend this proposed compromise settlement to this Court for its

approval and further pray that the Thirty-Two Thousand Five Hundred Dollars ($32,500.00) be paid by government wire transfer to the account of Plaintiff’s counsel, the law firm of Cleary Gottlieb Steen & Hamilton LLP, to be distributed to Plaintiff for the use and benefit of E.R. 9.

A proposed Order is provided for the convenience of the Court.

Dated: June 5, 2015 Respectfully submitted, DANA J. BOENTE UNITED STATES ATTORNEY /s/ SIMON YEHUDA SANDOVALMOSHENBERG (VA 77110) Legal Aid Justice Center 6066 Leesburg Pike, Suite 520 Falls Church, VA 22041 Tel: (703) 778-3450 Fax: (703) 778-3454 Email: [email protected]

/s/ DENNIS C. BARGHAAN, JR. ANDREW S. HAN Assistant United States Attorneys Office of the United States Attorney Justin W. Williams U.S. Attorney’s Building 2100 Jamieson Ave. Alexandria, VA 22314 Tel: (703) 299-3700 Fax: (703) 299-3983 3

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THOMAS J. MOLONEY MATTHEW GURGEL JOSH EDWARD ANDERSON Cleary Gottlieb Steen & Hamilton LLP One Liberty Plaza New York, NY 10006 Tel: (212) 225-2000 Fax: (212) 225-3999 Email: [email protected] [email protected] [email protected]

Email: [email protected] Counsel for Defendant

MARY KENNEY MELISSA CROW American Immigration Council 1331 G Street NW, Suite 200 Washington, DC 20005 Tel: (202) 507-7500 Fax: (202) 742-5619 Email: [email protected] [email protected] Counsel for Plaintiff

4

Case 1:14-cv-01246-GBL-JFA Document 56 Filed 06/18/15 Page 1 of 1 PageID# 373

IN THE THE UNITED UNITED STATES STATES DISTRICT DISTRICT COURT COURT IN FOR THE THE EASTERN EASTERN DISTRICT DISTRICT OF OF VIRGINIA VIRGINIA FOR

Alexandria Division Division Alexandria

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STIPULATION OF VOLUNTARY D

The claims asserted by Plaintiff in the above-captioned action have been settled by Theclaims of the parties. Accordingly, the parties hereby stipulate and agree that the action be agreement ofthe

dismissed with prejudice, each party to bear its own costs, including any possible attorney's fees or other expenses of this litigation.

Dated: June Dated: June 17,2015 17, 2015 Respectfully submitted, submitted. DANAJ. DANA J. BOENTE UNITED STATES A TIORNEY ATTORNEY

lsi /s/ SIMON ALSIMON YEHUDA YEHUDA SANDOV SANDOVALMOSHENBERG (VA 77110) Legal Aid Justice Justice Center Center 6066 Leesburg Pike, Suite 520 Falls A 22041 Falls Church, Church, V VA 22041 Tel: (703) 778-3450 Tel: (703) 778-3450 Fax: Fax: (703) (703) 778-3454 778-3454 Email: Email: [email protected] [email protected] THOMAS THOMAS J. J. MOLONEY MOLONEY MATTHEW GURGEL MATTHEW GURGEL

/s/ lsi DENNIS C. BARGHAAN, JR. ANDREW S. HAN Assistant United States Attorneys Office of the United States Attorney Justin Justin W. W. Williams Williams U.S. Attorney's Attorney's Building Building 2100 2100 Jamieson Jamieson Ave. Ave. Alexandria, 14 Alexandria, VA VA 223 22314 Tel: Tel: (703) (703) 299-3700 299-3700 Fax: Fax: (703) (703) 299-3983 299-3983 Email: [email protected] Email: dennis. [email protected] andrew.han@usdoj .gov [email protected]