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The Honorable Robert S. Lasnik UNITED STATES DISTRICT

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The Honorable Robert S. Lasnik UNITED STATES DISTRICT Case 2:17-cv-01611-RSL Document 41 Filed 08/30/18 Page 1 of 4 The Honorable Robert S. Lasnik 1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 WESTERN DISTRICT OF WASHINGTON AT SEATTLE 9 10 ANDREA SCHMITT and ELIZABETH MOHONDRO, each on their own behalf, and on NO. 2:17-cv-1611-RSL 11 behalf of all similarly situated individuals, 12 Plaintiffs, 13 SECOND NOTICE OF v. ADDITIONAL AUTHORITY 14 RELEVANT TO PLAINTIFFS’ KAISER FOUNDATION HEALTH PLAN OF OPPOSITION TO DEFENDANTS’ 15 WASHINGTON; KAISER FOUNDATION MOTION TO DISMISS HEALTH PLAN OF WASHINGTON 16 OPTIONS, INC.; KAISER FOUNDATION Noted for Consideration: HEALTH PLAN OF THE NORTHWEST; and 17 February 9, 2018 KAISER FOUNDATION HEALTH PLAN, 18 INC., 19 Defendants. 20 Plaintiffs hereby provide a second notice of additional authorities relevant to 21 Plaintiffs’ Opposition to Defendants’ Motion to Dismiss: 22 Ramos v. Nielsen, 2018 U.S. Dist. LEXIS 132048, at *76-77 (N.D. Cal. Aug. 6, 2018) 23 (“As the Ninth Circuit explained in Pac. Shores Props., LLC v. City of Newport Beach, 730 24 F.3d 1142, 1158-59 (9th Cir. 2013), "[o]ur cases clearly establish that plaintiffs who allege 25 disparate treatment under statutory anti-discrimination laws need not demonstrate the 26 SIRIANNI YOUTZ SPOONEMORE HAMBURGER SECOND NOTICE OF ADDITIONAL AUTHORITIES– 1 701 FIFTH AVENUE, SUITE 2560 SEATTLE, WASHINGTON 98104 TEL. (206) 223-0303 FAX (206) 223-0246 Case 2:17-cv-01611-RSL Document 41 Filed 08/30/18 Page 2 of 4 1 existence of a similarly situated entity who or which was treated better than the plaintiffs 2 in order to prevail.”) (emphasis in original). See also Ismail v. Amazon.com, 2018 U.S. Dist. 3 LEXIS 94541, at *36 (W.D. Wash. June 5, 2018) (same). Copies of both decisions are 4 attached for the Court’s convenience. 5 Puerner v. Spine, 2018 U.S. Dist. LEXIS 147276, at *1 (S.D.N.Y. Aug. 28, 2018) (Deaf 6 plaintiff satisfied standing when she demonstrated that she was a qualified person with 7 a disability who suffered “injury” when she was denied access to an ASL interpreter by 8 defendant medical provider. The court further concluded that the Rehabilitation Act 9 requires “equal access to and equal participation in” medical treatment). A copy of this 10 decision has been provided by defendants at Dkt. No. 40-1. 11 Wood v. Jackson Hosp., 2018 U.S. Dist. LEXIS 144499, at *17 (M.D. Ala. Aug. 23, 12 2018) (The court’s limited conclusion was that the specific allegations in Wood’s 13 amended complaint failed to allege that the defendants’ interactions with the plaintiff 14 were a form of disability discrimination or that any such discrimination was done with 15 deliberate indifference). A copy of this decision was provided by defendants at Dkt. No. 16 39-1. 17 Doe v. Bluecross Blueshield of Tenn., 2018 U.S. Dist. LEXIS 126845 (W.D. Tenn. July 18 30, 2018) (Where the plaintiff did not allege that a health benefit excluded only persons with a qualified disability, the court concluded that the plaintiff did not adequately 19 allege disparate treatment because there is no “mixed motive” theory of discrimination 20 under the Rehabilitation Act and Section 1557. The court further concluded that the 21 plaintiff’s specific allegations failed to state a prima facie case of disparate impact.). A 22 copy of this decision was provided by defendants at Dkt. No. 35-1. 23 24 25 26 SIRIANNI YOUTZ SPOONEMORE HAMBURGER SECOND NOTICE OF ADDITIONAL AUTHORITIES– 2 701 FIFTH AVENUE, SUITE 2560 SEATTLE, WASHINGTON 98104 TEL. (206) 223-0303 FAX (206) 223-0246 Case 2:17-cv-01611-RSL Document 41 Filed 08/30/18 Page 3 of 4 1 DATED: August 30, 2018. 2 SIRIANNI YOUTZ SPOONEMORE HAMBURGER 3 /s/ Eleanor Hamburger 4 Eleanor Hamburger (WSBA #26478) 5 Richard E. Spoonemore (WSBA #21833) 701 Fifth Avenue, Suite 2560 6 Seattle, WA 98104 Tel. (206) 223-0303; Fax (206) 223-0246 7 Email: [email protected] 8 [email protected] Attorneys for Plaintiffs 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 SIRIANNI YOUTZ SPOONEMORE HAMBURGER SECOND NOTICE OF ADDITIONAL AUTHORITIES– 3 701 FIFTH AVENUE, SUITE 2560 SEATTLE, WASHINGTON 98104 TEL. (206) 223-0303 FAX (206) 223-0246 Case 2:17-cv-01611-RSL Document 41 Filed 08/30/18 Page 4 of 4 CERTIFICATE OF SERVICE 1 I hereby certify that on August 30, 2018, I caused the foregoing to be electronically 2 filed with the Clerk of the Court using the CM/ECF system, which will send notification 3 of such filing to the following: • 4 Mark A. Bailey [email protected], [email protected], [email protected], 5 [email protected] • Eleanor Hamburger 6 [email protected], [email protected], [email protected] 7 • Medora A Marisseau [email protected], [email protected], [email protected] 8 • Richard E Spoonemore 9 [email protected], [email protected], [email protected], [email protected] 10 DATED: August 30, 2018, at Seattle, Washington. 11 12 /s/ Eleanor Hamburger 13 Eleanor Hamburger (WSBA #26478) Email: [email protected] 14 Attorneys for Plaintiff 15 16 17 18 19 20 21 22 23 24 25 26 SIRIANNI YOUTZ SPOONEMORE HAMBURGER SECOND NOTICE OF ADDITIONAL AUTHORITIES– 4 701 FIFTH AVENUE, SUITE 2560 SEATTLE, WASHINGTON 98104 TEL. (206) 223-0303 FAX (206) 223-0246 Case 2:17-cv-01611-RSL Document 41-1 Filed 08/30/18 Page 1 of 33 No Shepard’s Signal™ As of: August 9, 2018 9:39 PM Z Ramos v. Nielsen United States District Court for the Northern District of California August 6, 2018, Decided; August 6, 2018, Filed Case No. 18-cv-01554-EMC Reporter 2018 U.S. Dist. LEXIS 132048 * Washington, DC. CRISTA RAMOS, et al., Plaintiffs, v. KIRSTJEN NIELSEN, et al., Defendants. Judges: EDWARD M. CHEN, United States District Judge. Prior History: Ramos v. Nielsen, 2018 U.S. Dist. LEXIS Opinion by: EDWARD M. CHEN 105988 (N.D. Cal., June 25, 2018) Core Terms Opinion Designation, Temporary, terminate, conditions, Plaintiffs', countries, aliens, earthquake, immigration, Hurricane, judicial ORDER DENYING DEFENDANTS' MOTION TO review, animus, removal, determinations, allegations, notice, DISMISS constitutional claim, deportation, plausibly, cases, challenges, announced, decisions, reasons, administrations, Docket No. 20 Redesignation, agencies, violates, factors, ongoing In 1990, Congress passed and President George H. W. Bush Counsel: [*1] For Crista Ramos, individually and on behalf signed the Immigration Act of 1990, creating the "Temporary of others similarly situated, Cristina Morales, Benjamin Protected Status" (TPS) program. See Pub. L. 102-232 (1991). Zepeda, individually and on behalf of others similarly The TPS statute codifies a long-standing practice: "every situated, Orlando Zepeda, Juan Eduardo Ayala Flores, Administration since and including that of President individually and on behalf of others similarly situated, Maria Eisenhower has permitted one or more groups of otherwise Jose Ayala Flores, Elsy Yolanda Flores de Ayala, Hnaida deportable aliens to remain temporarily in the United States Cenemat, individually and on behalf of others similarly out of concern that the forced repatriation of these individuals situated, Wilna Destin, Rilya Salary, individually and on could endanger their lives or safety." H.R. Rep. 100-627, at 6 behalf of others similarly situated, Sherika Blanc, Imara (1988). TPS is thus a humanitarian program: it authorizes the Ampie, Mazin Ahmed, Hiwaida Elarabi, Plaintiffs: Sean Secretary of Homeland Security to temporarily permit Ashley Commons, LEAD ATTORNEY, Alycia Ann Degen, nationals from certain countries to live and work in the United Amanda Robin Farfel, Andrew Brian Talai, Marisol Ramirez, States when an ongoing armed conflict, environmental Sidley Austin LLP, Los Angeles, CA; Ahilan Thevanesan disaster, or other conditions prevent the safe return of those Arulanantham, ACLU of Southern California, Los Angeles, persons to their countries of origin. [*3] See 8 U.S.C. § CA; Emilou MacLean, Jessica Karp Bansal, National Day 1254a(b)(1)(A)-(C). Since 1990, several countries have Laborer Organizing Network, Los Angeles, CA; Mark E. received TPS status. Haddad, Los Angeles, CA; Nicole Marie Ryan, Sidley Austin LLP, San Francisco, CA; Ryan M. Sandrock, Sidley Austin, At issue here are the designations for El Salvador, Nicaragua, LLP, San Francisco, CA; William S. Freeman, ACLU Haiti, and Sudan. Sudan was designated for TPS in 1997 on Foundation of Northern California, San Francisco, CA. account of a brutal civil war. Its TPS designation was extended periodically by every administration until late 2017, For Kirstjen Nielsen, in her official capacity as Secretary of when Defendants announced that Sudan's status would be Homeland Security, Elaine C. Duke, in her [*2] official terminated. Similarly, Nicaragua was designated in 1999 due capacity as Deputy Secretary of Homeland Security, United to Hurricane Mitch; El Salvador was designated in 2001 and States Department of Homeland Security, United States of Haiti in 2010, both on the basis of devastating earthquakes. America, Defendants: Rhett Martin, LEAD ATTORNEY, Each country's TPS designation was periodically extended on U.S. Department of Justice, Federal Programs Branch, Ele Hamburger Case 2:17-cv-01611-RSL Document 41-1 Filed 08/30/18 Page 2 of 33Page 2 of 33 2018 U.S. Dist. LEXIS 132048, *3 every occasion until late 2017. Between October 2017 and January 2018, Defendants announced that TPS status for all I. FACTUAL BACKGROUND four countries would be terminated by November 2, 2018 (Sudan), January 5, 2019 (Nicaragua), July 22, 2019 (Haiti), Plaintiffs are nine persons who have permission to live and and September 9, 2019 (El Salvador). work in the United States because their countries of origin have been designated for "Temporary Protected Status" (TPS) These TPS designations have given rise to a sizeable and four U.S.-citizen children whose parents currently hold population of over 200,000 people who have lived in the TPS status.
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