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U.S. District Court DISTRICT OF ARIZONA (Phoe
nix Division) CIVIL DOCKET FOR CASE #: 2:18-cv-00242-D
GC

CLOSED,MIDP,STD

Unknown Party et al v. Motel 6 Operating LP et al

Assigned to: Judge David G Campbell




Cause: 42:1981 Civil Rights




Plaintiff
Unknown Party named as Jane V.;
 individually and on behalf of all others similarly situated

Plaintiff

Date Filed: 01/23/2018

Date Terminated: 02/18
/2020

Jury Demand: None




Nature of Suit: 440 C
 ivil Rights: Other

Jurisdiction: Federal Question




represented by Andres J Gallegos

MALDEF - Los Angeles, CA

634 S Spring St., 11th Fl.

Los Angeles, CA 90014

213-629-2512

Fax: 213-629-0266

Email: agallegos@maldef.org


TERMINATED: 07/06/2018
 


LEAD ATTORNEY





PRO HAC VICE
 


ATTORNEY TO B
E NOTICED




Andres R Holguin-Flores

MALDEF - Los Angeles, CA

634 S Spring St., 11th Fl.

Los Angeles, CA 90014

213-629-2512

Fax: 213-629-0266

Email: AHolguin-Flores@MALDEF.org


LEAD ATTORNEY





PRO HAC VICE
 


ATTORNEY TO B
E NOTICED




Daniel R Ortega , Jr.

Ortega Law Firm PC

361 E Coronado Rd., Ste. 101

Phoenix, AZ 85004-1525

602-386-4455

Fax: 602-386-4480

Email: danny@ortegalaw.com


LEAD ATTORNEY





ATTORNEY TO BE
NOTICED




Nina Perales

MALDEF

110 Broadway St

Ste 300

San Antonio, TX 78205

210-224-5476

Fax: 210-224-5382

Email: nperales@maldef.org


LEAD ATTORNEY





PRO HAC VICE
 


ATTORNEY TO B
E NOTICED




Thomas A Saenz

MALDEF - Los Angeles, CA

634 S Spring St., 11th Fl.

Los Angeles, CA 90014

213-629-2512

Fax: 213-629-0266

Email: tsaenz@maldef.org


LEAD ATTORNEY





ATTORNEY TO BE
NOTICED

Unknown Party named as John A.
; individually and on behalf of all others similarly situated
Plaintiff Unknown Party named as John E.
; individually and on behalf of all others similarly situated
Plaintiff Unknown Party named as Jane F.;
 individually and on behalf of all others similarly situated

represented by Andres J Gallegos

(See above for address)


TERMINATED: 07/06/2
018


LEAD ATTORNEY





PRO HAC VICE
 


ATTORNEY TO B
E NOTICED




Andres R Holguin-Flores (See above for address)
 LEAD ATTORNEY
 
 PRO HAC VICE
 
 ATTORNEY TO B
E NOTICED



Daniel R Ortega , Jr. (See above for address)
 LEAD ATTORNEY
 
 ATTORNEY TO BE
NOTICED



Nina Perales (See above for address)
 LEAD ATTORNEY
 
 PRO HAC VICE
 
 ATTORNEY TO B
E NOTICED



Thomas A Saenz (See above for address)
 LEAD ATTORNEY
 
 ATTORNEY TO BE
NOTICED

represented by Andres J Gallegos

(See above for address)


TERMINATED: 07/06/2
018


LEAD ATTORNEY





PRO HAC VICE
 


ATTORNEY TO B
E NOTICED




Andres R Holguin-Flores (See above for address)
 LEAD ATTORNEY
 
 PRO HAC VICE
 
 ATTORNEY TO B
E NOTICED



Daniel R Ortega , Jr. (See above for address)
 LEAD ATTORNEY
 
 ATTORNEY TO BE
NOTICED



Nina Perales (See above for address)
 LEAD ATTORNEY
 
 PRO HAC VICE
 
 ATTORNEY TO B
E NOTICED



Thomas A Saenz (See above for address)
 LEAD ATTORNEY
 
 ATTORNEY TO BE
NOTICED

represented by Andres J Gallegos

(See above for address)


TERMINATED: 07/06/2
018


LEAD ATTORNEY





PRO HAC VICE
 


ATTORNEY TO B
E NOTICED




Andres R Holguin-Flores (See above for address)
 LEAD ATTORNEY
 
 PRO HAC VICE
 




Plaintiff Unknown Party named as John D.
; individually and on behalf of all others similarly situated
Plaintiff Unknown Party named as John M
.; individually and on behalf of all others similarly situated

ATTORNEY TO BE NOTICED
Daniel R Ortega , Jr. (See above for address)
 LEAD ATTORNEY
 ATTORNEY TO BE NOTICED
Nina Perales (See above for address)
 LEAD ATTORNEY
 PRO HAC VICE
 ATTORNEY TO BE NOTICED
Thomas A Saenz (See above for address)
 LEAD ATTORNEY
 ATTORNEY TO BE NOTICED

represented by Andres J Gallegos

(See above for address)


TERMINATED: 07/06/2
018


LEAD ATTORNEY





PRO HAC VICE
 


ATTORNEY TO B
E NOTICED




Andres R Holguin-Flores (See above for address)
 LEAD ATTORNEY
 
 PRO HAC VICE
 
 ATTORNEY TO B
E NOTICED



Daniel R Ortega , Jr. (See above for address)
 LEAD ATTORNEY
 
 ATTORNEY TO BE
NOTICED



Nina Perales (See above for address)
 LEAD ATTORNEY
 
 PRO HAC VICE
 
 ATTORNEY TO B
E NOTICED



Thomas A Saenz (See above for address)
 LEAD ATTORNEY
 
 ATTORNEY TO BE
NOTICED

represented by Andres J Gallegos

(See above for address)


TERMINATED: 07/06/2
018


LEAD ATTORNEY





PRO HAC VICE
 


ATTORNEY TO B
E NOTICED




Andres R Holguin-Flores (See above for address)
 LEAD ATTORNEY
 
 PRO HAC VICE
 
 ATTORNEY TO B
E NOTICED



Daniel R Ortega , Jr. (See above for address)
 LEAD ATTORNEY
 
 ATTORNEY TO BE
NOTICED



Nina Perales (See above for address)
 LEAD ATTORNEY
 
 PRO HAC VICE
 
 ATTORNEY TO B
E NOTICED

Plaintiff Unknown Party named as Jane N.
; individually and on behalf of all others similarly situated
Plaintiff Unknown Party named as John W.
; individually and on behalf of all others similarly situated
V. 

Defendant Motel 6 Operating LP a limited partnership 


Thomas A Saenz (See above for address)
 LEAD ATTORNEY
 ATTORNEY TO BE NOTICED

represented by Andres J Gallegos

(See above for address)


TERMINATED: 07/06/2
018


LEAD ATTORNEY





PRO HAC VICE
 


ATTORNEY TO B
E NOTICED




Andres R Holguin-Flores (See above for address)
 LEAD ATTORNEY
 
 PRO HAC VICE
 
 ATTORNEY TO B
E NOTICED



Daniel R Ortega , Jr. (See above for address)
 LEAD ATTORNEY
 
 ATTORNEY TO BE
NOTICED



Nina Perales (See above for address)
 LEAD ATTORNEY
 
 PRO HAC VICE
 
 ATTORNEY TO B
E NOTICED



Thomas A Saenz (See above for address)
 LEAD ATTORNEY
 
 ATTORNEY TO BE
NOTICED

represented by Andres J Gallegos

(See above for address)


TERMINATED: 07/06/2
018


LEAD ATTORNEY





PRO HAC VICE
 


ATTORNEY TO B
E NOTICED




Andres R Holguin-Flores (See above for address)
 LEAD ATTORNEY
 
 PRO HAC VICE
 
 ATTORNEY TO B
E NOTICED



Daniel R Ortega , Jr. (See above for address)
 LEAD ATTORNEY
 
 ATTORNEY TO BE
NOTICED



Nina Perales (See above for address)
 LEAD ATTORNEY
 
 PRO HAC VICE
 
 ATTORNEY TO B
E NOTICED



Thomas A Saenz (See above for address)
 LEAD ATTORNEY
 
 ATTORNEY TO BE
NOTICED

represented by Christopher M Lynch Munger Tolles & Olson LLP - Washington, DC

1155 F St. NW, 7th Fl. Washington, DC 20004 202-220-1108 Fax: 202-220-2300 Email: christopher.m.lynch@usdoj.gov
 LEAD ATTORNEY
 PRO HAC VICE
 ATTORNEY TO BE NOTICED
Donald Wayne Bivens Snell & Wilmer LLP - Phoenix, AZ 1 Arizona Center 400 E Van Buren Phoenix, AZ 85004-2202 602-382-6549 Fax: 602-382-6070 Email: don@donbivens.com
 LEAD ATTORNEY
 ATTORNEY TO BE NOTICED
Donald B Verrilli , Jr. Munger Tolles & Olson LLP - Washington, DC 1155 F St. NW, 7th Fl. Washington, DC 20004 202-220-1101 Fax: 202-220-2300 Email: donald.verrilli@mto.com
 LEAD ATTORNEY
 PRO HAC VICE
 ATTORNEY TO BE NOTICED
Michael Brian DeSanctis Munger Tolles & Olson LLP - Washington, DC 1155 F St. NW, 7th Fl. Washington, DC 20004 202-220-1102 Fax: 202-220-2300 Email: michael.desanctis@mto.com
 TERMINATED: 03/02/2020
 LEAD ATTORNEY
 PRO HAC VICE
 ATTORNEY TO BE NOTICED
Patricia Lee Refo Snell & Wilmer LLP - Phoenix, AZ 1 Arizona Center 400 E Van Buren Phoenix, AZ 85004-2202 602-382-6000 Fax: 602-382-6070 Email: prefo@swlaw.com
 LEAD ATTORNEY
 ATTORNEY TO BE NOTICED
Peter Joseph Kadzik Venable LLP - Massachusetts Ave. Washington, DC 600 Massachusetts Ave. NW Washington, DC 20001 202-344-4147 Email: pjkadzik@venable.com
 LEAD ATTORNEY
 PRO HAC VICE
 ATTORNEY TO BE NOTICED
Stacie E Tobin Venable LLP 750 E Pratt St., Ste. 900 Baltimore, MD 21202 410-244-7878 Fax: 410-244-7742 Email: setobin@venable.com
 LEAD ATTORNEY


Defendant

G6 Hospitality LLC a limited liability comp
 any


doing business as

Motel 6




Defendant Unknown Parties named as Does 1-1
0
 TERMINATED: 06/05
 /2019

Amicus

Arizona Atorney General, State of

Solicitor General





TERMINATED: 05
 /30/2019

PRO HAC VICE
 ATTORNEY TO BE NOTICED

represented by Christopher M Lynch (See above for address)
 LEAD ATTORNEY
 
 PRO HAC VICE
 
 ATTORNEY TO B
E NOTICED 


Donald Wayne Bivens (See above for address)
 LEAD ATTORNEY
 
 ATTORNEY TO BE
NOTICED



Donald B Verrilli , Jr. (See above for address)
 LEAD ATTORNEY
 
 PRO HAC VICE
 
 ATTORNEY TO B
E NOTICED



Michael Brian DeSanctis

(See above for address)


TERMINATED: 03/02/2
020


LEAD ATTORNEY





PRO HAC VICE
 


ATTORNEY TO B
E NOTICED




Patricia Lee Refo (See above for address)
 LEAD ATTORNEY
 
 ATTORNEY TO BE
NOTICED



Peter Joseph Kadzik (See above for address)
 LEAD ATTORNEY
 
 PRO HAC VICE
 
 ATTORNEY TO B
E NOTICED



Stacie E Tobin (See above for address)
 LEAD ATTORNEY
 
 PRO HAC VICE
 
 ATTORNEY TO B
E NOTICED

represented by Patricia Lee Refo (See above for address)
 LEAD ATTORNEY
 
 ATTORNEY TO BE
NOTICED

represented by Dana Rae Vogel Office of the Attorney General - Phoenix 2005 N Central Ave. Phoenix, AZ 85004-1592 602-542-7748 Email: dana.vogel@azag.gov
 TERMINATED: 02/06/2020
 
 ATTORNEY TO BE NOTICE
D 

Kate Blakeley Sawyer Office of the Attorney General - Phoenix 2005 N Central Ave. Phoenix, AZ 85004-1592 602-542-8304 Email: kate.sawyer@azag.gov
 ATTORNEY TO BE NOTICED



Katherine Jessen Office of the Attorney General - Phoenix

2005 N Central Ave. Phoenix, AZ 85004-1592 602-542-8053 Email: katherine.jessen@azag.gov
 ATTORNEY TO BE NOTICED
Oramel Horace Skinner Office of the Attorney General - Phoenix 2005 N Central Ave. Phoenix, AZ 85004-1592 602-542-8327 Fax: 602-542-4377 Email: o.h.skinner@azag.gov
 ATTORNEY TO BE NOTICED
Rusty Duane Crandell Office of the Attorney General - Phoenix 2005 N Central Ave. Phoenix, AZ 85004-1592 602-542-8540 Fax: 602-542-8308 Email: Rusty.Crandell@azag.gov
 ATTORNEY TO BE NOTICED

Date Filed 01/23/2018
01/23/2018
01/23/2018 01/24/2018 02/09/2018 02/12/2018 02/12/2018 02/13/2018 02/14/2018
03/05/2018

# Docket Text
1 CLASS ACTION COMPLAINT. Filing fee received: $ 400.00, receipt number 0970-15085270 filed by Unknown Party (named as John M.; individually and on behalf of all others similarly situated), Unknown Party (named as John A.; individually and on behalf of all others similarly situated), Unknown Party (named as Jane F.; individually and on behalf of all others similarly situated), Unknown Party (named as Jane N.; individually and on behalf of all others similarly situated), Unknown Party (named as John E.; individually and on behalf of all others similarly situated), Unknown Party (named as Jane V.; individually and on behalf of all others similarly situated), Unknown Party (named as John W.; individually and on behalf of all others similarly situated), Unknown Party (named as John D.; individually and on behalf of all others similarly situated). (Submitted by Nina Perales) (Attachments: # 1 Civil Cover Sheet)(LAD) (Entered: 01/24/2018)
2 NOTICE TO THE PARTIES - The Court is participating in the Mandatory Initial Discovery Pilot (MIDP) and this case is subject to that pilot. The key features and deadlines are set forth in the attached Notice which includes General Order 17-08. Also attached is a checklist for use by the parties. All parties must respond to the mandatory initial discovery requests set forth in the General Order before initiating any further discovery in this case. Please note: The discovery obligations in the General Order supersede the disclosures required by Rule 26(a)(1). Any party seeking affirmative relief must serve a copy of the attached documents (Notice to Parties, including General Order 17-08 and MIDP Checklist) on each new party when the Complaint, Counterclaim, Crossclaim, or Third-Party Complaint is served. (LAD) (Entered: 01/24/2018)
3 Filing fee paid, receipt number 0970-15085270. This case has been assigned to the Honorable Deborah M Fine. All future pleadings or documents should bear the correct case number: CV-18-00242-PHX-DMF. Magistrate Election form attached. (Attachments: # 1 Instructions) (LAD) (Entered: 01/24/2018)
Remark: Pro hac vice motion granted for Nina Perales on behalf of plaintiffs. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) (Entered: 01/24/2018)
4 Ordered that Jane V., John A., John E., Jane F., John D., John M., Jane N., and John W. show cause for failure to comply with LRCiv 3.7(b) before Judge G Murray Snow. Show Cause Hearing set for 3/12/2018 at 04:30 PM before Judge G Murray Snow. (Attachments: # 1 Instructions, # 2 Consetn Form)(MAP) (Entered: 02/09/2018)
Remark: Pro hac vice motions granted for Andres R Holguin-Flores and Andres J Gallegos on behalf of plaintiffs. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) (Entered: 02/12/2018)
6 Agreement to Magistrate Judge Jurisdiction. Party agrees to Magistrate Judge Jurisdiction. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAP) (Entered: 02/13/2018)
7 MINUTE ORDER: That counsel having complied with this Court's Order, the Order to Show Cause Hearing scheduled for March 12, 2018 is hereby VACATED. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAP) (Entered: 02/13/2018)
8 SUMMONS Submitted by Unknown Party(named as John M.; individually and on behalf of all others similarly situated), Unknown Party(named as John A.; individually and on behalf of all others similarly situated), Unknown Party(named as Jane F.; individually and on behalf of all others similarly situated), Unknown Party(named as Jane N.; individually and on behalf of all others similarly situated), Unknown Party(named as John E.; individually and on behalf of all others similarly situated), Unknown Party(named as Jane V.; individually and on behalf of all others similarly situated), Unknown Party(named as John W.; individually and on behalf of all others similarly situated), Unknown Party(named as John D.; individually and on behalf of all others similarly situated). (Gallegos, Andres) (Entered: 02/14/2018)
Remark: Pro hac vice motion granted for Thomas Saenz on behalf of plaintiffs. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) (Entered: 03/05/2018)

03/05/2018 03/06/2018
03/06/2018
03/06/2018 03/16/2018
03/26/2018 03/26/2018 03/26/2018 03/27/2018
04/04/2018 04/06/2018 04/11/2018 04/11/2018
05/08/2018

9 NOTICE TO FILER OF DEFICIENCY re: 8 Summons Submitted filed by Unknown Party. Summons completed incorrectly. FOLLOW-UP ACTION REQUIRED: Please refile corrected summonses listing only one Defendant per summons using the Service of Process / Summons Submitted category. As soon as the Court receives the corrected summons, they will be issued on the following business day. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (DXD) (Entered: 03/05/2018)
10 SUMMONS Submitted by Unknown Party(named as John M.; individually and on behalf of all others similarly situated), Unknown Party(named as John A.; individually and on behalf of all others similarly situated), Unknown Party(named as Jane F.; individually and on behalf of all others similarly situated), Unknown Party(named as Jane N.; individually and on behalf of all others similarly situated), Unknown Party(named as John E.; individually and on behalf of all others similarly situated), Unknown Party(named as Jane V.; individually and on behalf of all others similarly situated), Unknown Party(named as John W.; individually and on behalf of all others similarly situated), Unknown Party(named as John D.; individually and on behalf of all others similarly situated). (Gallegos, Andres) (Entered: 03/06/2018)
11 SUMMONS Submitted by Unknown Party(named as John M.; individually and on behalf of all others similarly situated), Unknown Party(named as John A.; individually and on behalf of all others similarly situated), Unknown Party(named as Jane F.; individually and on behalf of all others similarly situated), Unknown Party(named as Jane N.; individually and on behalf of all others similarly situated), Unknown Party(named as John E.; individually and on behalf of all others similarly situated), Unknown Party(named as Jane V.; individually and on behalf of all others similarly situated), Unknown Party(named as John W.; individually and on behalf of all others similarly situated), Unknown Party(named as John D.; individually and on behalf of all others similarly situated). (Gallegos, Andres) (Entered: 03/06/2018)
12 Summons Issued as to G6 Hospitality LLC, Motel 6 Operating LP. (Attachments: # 1 Summons)(BAS). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document. (Entered: 03/06/2018)
13 SERVICE EXECUTED filed by Unknown Party(named as John M.; individually and on behalf of all others similarly situated), Unknown Party(named as John A.; individually and on behalf of all others similarly situated), Unknown Party(named as Jane F.; individually and on behalf of all others similarly situated), Unknown Party(named as Jane N.; individually and on behalf of all others similarly situated), Unknown Party(named as John E.; individually and on behalf of all others similarly situated), Unknown Party(named as Jane V.; individually and on behalf of all others similarly situated), Unknown Party(named as John W.; individually and on behalf of all others similarly situated), Unknown Party(named as John D.; individually and on behalf of all others similarly situated): Rule 4 Waiver of Service of Summons. Waiver sent on 3/8/2018 to G6 Hospitality, LLC . (Gallegos, Andres) (Entered: 03/16/2018)
14 ORDER SETTING RULE 16 CASE MANAGEMENT CONFERENCE - Pursuant to Rule 16 of the Federal Rules of Civil Procedure, a telephonic Case Management Conference is set for Monday, June 11, 2018 at 2:30 pm. The Court has set aside one hour for the telephonic conference. (See document for complete details). Signed by Magistrate Judge Charles R Pyle on 3/26/18. (SLQ) (Entered: 03/26/2018)
15 NOTICE of Appearance by Patricia Lee Refo on behalf of G6 Hospitality LLC, Motel 6 Operating LP. (Refo, Patricia) (Entered: 03/26/2018)
17 Party Elects Assignment of Case to District Judge Jurisdiction. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAP) (Entered: 03/27/2018)
18 MINUTE ORDER: Pursuant to Local Rule 3.7(b), a request has been received for a random reassignment of this case to a District Judge. FURTHER ORDERED Case reassigned by random draw to Judge David G. Campbell. All further pleadings/papers should now list the following COMPLETE case number: CV-18-242-PHX-DGC. IT IS FURTHER ORDERED that the Scheduling Conference set before Judge Charles R. Pyle on 6/11/18 at 2:30 PM is now RESET before Judge David G. Campbell, unless otherwise ordered by the Court. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAP) (Entered: 03/27/2018)
19 ORDER re: 18 Minute Order, Add and Terminate Judges, Set/Reset Hearings. The Rule 16 Case Management Conference set before The Honorable Charles Pyle for 6/11/2018 at 2:30 PM is VACATED and RESET for 6/15/2018 at 03:30 PM in Courtroom 603, 401 West Washington Street, Phoenix, AZ 85003 before Judge David G Campbell. Signed by Judge David G Campbell on 4/4/2018. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (DGC, nvo) (Entered: 04/04/2018)
20 SERVICE EXECUTED filed by Unknown Party(named as John M.; individually and on behalf of all others similarly situated): Proof of Service re: Summons & Complaint upon Motel 6 Operating LP on 03/27/2018. (Ortega, Daniel) (Entered: 04/06/2018)
21 STIPULATION FOR EXTENSION OF TIME TO ANSWER COMPLAINT by G6 Hospitality LLC, Motel 6 Operating LP. (Attachments: # 1 Text of Proposed Order Proposed Order)(Refo, Patricia) (Entered: 04/11/2018)
22 ORDER granting a one-time extension of time until 5/8/2018 for Defendants Motel 6 Operating, LP and G6 Hospitality LLC to respond to complaint. The parties' obligations to produce the information called for in the MIDP will be triggered by Defendant's answer to the complaint after the extension. The parties should be aware that the filing of a motion to dismiss under Rule 12(b)(6) will not postpone the time for compliance with the MIDP. General Order 17-08 provides that compliance may be deferred only for motions to dismiss based on lack of subject-matter jurisdiction, lack of personal jurisdiction, sovereign immunity, or absolute or qualified immunity of a public official. No further extensions will be granted. Signed by Judge David G Campbell on 4/11/2018. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (DGC, nvo) (Entered: 04/11/2018)
23 ANSWER to Complaint by G6 Hospitality LLC, Motel 6 Operating LP. (Attachments: # 1 Exhibit Exhibit A)(Refo, Patricia) (Entered: 05/08/2018)

05/25/2018 05/29/2018
07/06/2018 07/06/2018 07/06/2018 08/16/2018
08/20/2018 10/04/2018
10/09/2018 11/02/2018
11/02/2018
11/05/2018 11/07/2018 11/20/2018 01/07/2019

24 MOTION to Continue Defer Scheduling Conference by G6 Hospitality LLC, Motel 6 Operating LP, Unknown Parties. (Refo, Patricia) (Entered: 05/25/2018)
25 ORDER - All parties have indicated that they have a good faith belief that this case will be resolved within 30 days. Therefore, the time to submit MID responses is extended for 30 days. Absolutely no further extensions will be granted. The Rule 16 Case Management Conference set for 6/15/2018 at 3:30 PM is VACATED and RESET for 7/26/2018 at 04:30 PM in Courtroom 603, 401 West Washington Street, Phoenix, AZ 85003 before Judge David G Campbell. Signed by Judge David G Campbell on 5/29/2018. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (DGC, nvo) (Entered: 05/29/2018)
26 NOTICE of Settlement Joint Notice of Settlement and Joint Motion for Relief From All Pending Deadlines by G6 Hospitality LLC, Motel 6 Operating LP. (Attachments: # 1 Text of Proposed Order)(Refo, Patricia) (Entered: 07/06/2018)
27 NOTICE of Attorney Withdrawal Andres Gallegos filed by Andres J Gallegos. (Gallegos, Andres) (Entered: 07/06/2018)
28 ***VACATED BY 30 ORDER*** ORDER - IT IS ORDERED: 1. This matter will, without further Order of this Court, be dismissed with prejudice on August 31, 2018 unless a stipulation to dismiss is filed prior to the dismissal date. 2. All pending hearings and deadlines are vacated. 3. All pending motions are found to be moot. 4. The Clerk is directed to terminate this matter on August 31, 2018 without further leave of Court if a stipulation to dismiss is not filed prior to this date. Signed by Judge David G Campbell on 7/6/18. (SLQ) Modified on 8/20/2018 (MSA). (Entered: 07/06/2018)
29 Joint MOTION Entry of Scheduling Order and Relief from Deadlines in July 6, 2018 Order re: 28 Order, Terminate Deadlines and Hearings, Terminate Motions, Set Deadlines by Unknown Party(named as John M.; individually and on behalf of all others similarly situated), Unknown Party(named as John A.; individually and on behalf of all others similarly situated), Unknown Party(named as Jane F.; individually and on behalf of all others similarly situated), Unknown Party(named as Jane N.; individually and on behalf of all others similarly situated), Unknown Party(named as John E.; individually and on behalf of all others similarly situated), Unknown Party(named as Jane V.; individually and on behalf of all others similarly situated), Unknown Party(named as John W.; individually and on behalf of all others similarly situated), Unknown Party(named as John D.; individually and on behalf of all others similarly situated). (Attachments: # 1 Text of Proposed Order [Proposed]) (Holguin-Flores, Andres) (Entered: 08/16/2018)
30 ORDER granting 29 Motion for Scheduling Order. The Courts 28 Order is vacated. The Parties shall file a joint motion seeking preliminary approval of the class settlement and any related filings no later than October 5, 2018. Signed by Senior Judge David G Campbell on 8/20/18. (MSA) (Entered: 08/20/2018)
31 Joint MOTION for Extension of Time To File Joint Motion for Preliminary Approval of Class-wide Settlement by Unknown Party(named as John M.; individually and on behalf of all others similarly situated), Unknown Party(named as John A.; individually and on behalf of all others similarly situated), Unknown Party(named as Jane F.; individually and on behalf of all others similarly situated), Unknown Party(named as Jane N.; individually and on behalf of all others similarly situated), Unknown Party(named as John E.; individually and on behalf of all others similarly situated), Unknown Party(named as Jane V.; individually and on behalf of all others similarly situated), Unknown Party(named as John W.; individually and on behalf of all others similarly situated), Unknown Party(named as John D.; individually and on behalf of all others similarly situated). (Attachments: # 1 Text of Proposed Order [Proposed] Order)(Holguin-Flores, Andres) (Entered: 10/04/2018)
32 ORDER - IT IS ORDERED that the consent joint motion for extension (Doc. 31 ) is granted. The parties shall file a joint motion seeking preliminary approval of the class settlement and any related filings no later than November 2, 2018. Signed by Senior Judge David G Campbell on 10/9/18. (SLQ) (Entered: 10/09/2018)
33 *Joint MOTION to Certify Class, Joint MOTION ( 1) Granting Preliminary Approval of the Class Action Settlement; (2) Conditionally Certifying Settlement Class; (3) Appointing Class Representatives and Class Counsel; (4) Approving Notice Plan; and (5) Setting Final Approval Hearing by Unknown Party (named as John M.), Unknown Party (named as John A.), Unknown Party (named as Jane F.), Unknown Party (named as Jane N.), Unknown Party (named as John E.), Unknown Party (named as Jane V.), Unknown Party (named as John W.), Unknown Party (named as John D.). (Attachments: # 1 Exhibit Proposed Settlement Agreement, # 2 Declaration of Andres Holguin-Flores, # 3 Exhibit Proposed Claim Form, # 4 Exhibit Proposed Postcard Notice, # 5 Exhibit Proposed Website Notice, # 6 Exhibit Proposed Social Media Notice, # 7 Text of Proposed Order)(Holguin-Flores, Andres) *Modified text on 11/5/2018 (ATD). (Entered: 11/02/2018)
34 *NOTICE of Errata re: 33 Joint MOTION to Certify Class, Joint MOTION (1) Granting Preliminary Approval of the Class Action Settlement; (2) Conditionally Certifying Settlement Class; (3) Appointing Class Representatives and Class Counsel; (4) Approving Notice Plan; and (5) Setting Final Approval Hearing Corrected Proposed Order by Plaintiffs Unknown Party, Unknown Party, Unknown Party, Unknown Party, Unknown Party, Unknown Party, Unknown Party, Unknown Party. (Attachments: # 1 Text of Proposed Order Correct Proposed Order)(Holguin-Flores, Andres) *Modified text on 11/5/2018 (ATD). (Entered: 11/02/2018)
35 *Joint NOTICE of Request for Oral Argument by Motel 6 Operating LP, G6 Hospitality LLC . (Refo, Patricia) *Modified text and to add filer on 11/6/2018 (ATD). (Entered: 11/05/2018)
Remark: Pro hac vice motions granted for Michael DeSanctis, Christopher M Lynch and Donald Verrilli Jr on behalf of defendants. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) (Entered: 11/07/2018)
Remark: Pro hac vice motion granted for Peter J Kadzik on behalf of defendants. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) (Entered: 11/20/2018)
36 ORDER, Hearing set as to 33 Joint MOTION to Certify Class, Joint MOTION (1) Granting Preliminary Approval of the Class Action Settlement; (2) Conditionally Certifying Settlement Class; (3) Appointing Class Representatives and Class Counsel; (4) Approving Notice Plan; and (5) Setting Final Approval Hearing: Motion Hearing set for 1/29/2019 at 02:00 PM

01/29/2019
01/29/2019 01/30/2019
01/30/2019
01/31/2019
03/27/2019 03/27/2019
04/05/2019 05/16/2019 05/24/2019 05/24/2019 05/24/2019 05/24/2019

in Courtroom 603, 401 West Washington Street, Phoenix, AZ 85003 before Senior Judge David G Campbell. Signed by Senior Judge David G Campbell on 1/7/2019. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (DGC, nvo) (Entered: 01/07/2019)
37 MINUTE ENTRY for proceedings held before Senior Judge David G Campbell: Hearing re: 33 Joint Motion to Certify Class held on 1/29/2019. The Court places its concerns on the record regarding the parties' submissions to the Court. The parties agree the issues would be best addressed in writing through supplemental filings. Supplemental filings are due 3/29/2019. Today's hearing is reset to 4/16/2019 at 2:00 PM in Courtroom 603. The parties inform the Court they will order the transcript of today's hearing to ensure each issue is addressed. 
 APPEARANCES: Andres Holguin-Flores, Thomas Saenz, and Daniel Ortega, Jr. for Plaintiffs. Michael DeSanctis, Patricia Refo, Christopher Lynch for Defendants. (Court Reporter Patricia Lyons.) Hearing held 2:04 PM-2:26 PM and 2:34 PM-2:46 PM This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (CLB) (Entered: 01/29/2019)
38 TRANSCRIPT REQUEST by G6 Hospitality LLC, Motel 6 Operating LP, Unknown Parties for proceedings held on 1/29/2019, Judge David G Campbell hearing judge(s). (Refo, Patricia) (Entered: 01/29/2019)
39 ORDER re: Motion Hearing set for 4/16/2019 at 02:00 PM in Courtroom 603, 401 West Washington Street, Phoenix, AZ 85003 before Senior Judge David G Campbell.Re: 33 Joint MOTION to Certify ClassJoint MOTION (1) Granting Preliminary Approval of the Class Action Settlement; (2) Conditionally Certifying Settlement Class; (3) Appointing Class Representatives and Class Counsel; (4) Approving Notice Plan; and (5) Setting Final Approval Hearing < filed by Unknown Party, Hearing set as to 33 Joint MOTION to Certify ClassJoint MOTION (1) Granting Preliminary Approval of the Class Action Settlement; (2) Conditionally Certifying Settlement Class; (3) Appointing Class Representatives and Class Counsel; (4) Approving Notice Plan; and (5) Setting Final Approval Hearing. Signed by Senior Judge David G Campbell on 1/30/2019. (DGC, nvo) (Entered: 01/30/2019)
41 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of MOTIONS HEARING proceedings held on 01/29/2019, before Judge DAVID G. CAMPBELL. [Court Reporter: Patricia Lyons, RMR, CRR, Telephone number (602) 322-7257]. The ordering party will have electronic access to the transcript immediately. All others may view the transcript at the court public terminal or it may be purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 2/20/2019. Redacted Transcript Deadline set for 3/4/2019. Release of Transcript Restriction set for 4/30/2019. (RAP) (Entered: 02/08/2019)
40 ORDER. DUE TO A CONFLICT IN THE COURT'S CALENDAR, the Motion Hearing set for 4/16/2019 at 2:00 PM is VACATED and RESET to 4/15/2019 at 03:00 PM in Courtroom 603, 401 West Washington Street, Phoenix, AZ 85003 before Senior Judge David G Campbell re: 39 Order, Set Motion Hearing, Hearing set as to 39 Order, Set Motion Hearing, 33 Joint MOTION to Certify ClassJoint MOTION (1) Granting Preliminary Approval of the Class Action Settlement; (2) Conditionally Certifying Settlement Class; (3) Appointing Class Representatives and Class Counsel; (4) Approving Notice Plan; and (5) Setting Final Approval Hearing. Signed by Senior Judge David G Campbell on 1/31/2019. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (DGC, nvo) (Entered: 01/31/2019)
42 ORDER. At the request of counsel, the Court will hold a telephonic conference on 3/27/2019 at 02:00 PM in Courtroom 603, 401 West Washington Street, Phoenix, AZ 85003 before Senior Judge David G Campbell. Counsel for Plaintiffs shall initiate a conference call to include counsel for all parties and the Court. If a dial-in number is to be used, counsel for Plaintiff shall provide the dial-in information to counsel for all parties and the court by 10:00 AM on 3/27/2019. Signed by Senior Judge David G Campbell on 3/27/2019. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (DGC, nvo) (Entered: 03/27/2019)
43 MINUTE ENTRY for proceedings held before Senior Judge David G Campbell: Telephonic Conference held on 3/27/2019. Discussion is held. The Motion Hearing re: the joint motion for preliminary approval of the class settlement set for 4/16/2019 is continued to 6/18/2019 at 2:00 PM in Courtroom 603, 401 West Washington Street, Phoenix, AZ 85003 before Senior Judge David G Campbell. The deadline for the parties to submit the materials for the hearing is extended to 5/31/2019 at 5:00 p.m. The transcript of this proceeding is ordered sealed for sixty days. 
 APPEARANCES: Andres Holguin-Flores and Thomas Saenz for Plaintiffs. Michael DeSanctis for Defendants. (Court Reporter Patricia Lyons.) Hearing held 2:04 PM to 2:20 PM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (CLB) (Entered: 03/28/2019)
44 TRANSCRIPT REQUEST by Kartikay Mehrotra of Bloomberg LP for proceedings held on 01/29/2019, Judge David G Campbell hearing judge(s). (RAP) (Entered: 04/05/2019)
45 ORDER re: 43 . DUE TO A CONFLICT IN THE COURT'S CALENDAR, the motion hearing re class settlement set for 6/18/2019 at 2:00 PM is VACATED and RESET to 6/20/2019 at 02:00 PM in Courtroom 603, 401 West Washington Street, Phoenix, AZ 85003 before Senior Judge David G Campbell. Signed by Senior Judge David G Campbell on 5/16/2019. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (DGC, nvo) (Entered: 05/16/2019)
46 NOTICE of Appearance by Oramel Horace Skinner on behalf of Arizona Atorney General, State of. (Skinner, Oramel) (Entered: 05/24/2019)
47 NOTICE of Appearance by Rusty Duane Crandell on behalf of Arizona Atorney General, State of. (Crandell, Rusty) (Entered: 05/24/2019)
48 NOTICE of Appearance by Dana Rae Vogel on behalf of Arizona Atorney General, State of. (Vogel, Dana) (Entered: 05/24/2019)
49 NOTICE of Appearance by Katherine Jessen on behalf of Arizona Atorney General, State of. (Jessen, Katherine) (Entered:

05/24/2019 05/30/2019 05/30/2019 06/05/2019
06/05/2019
06/18/2019 06/19/2019 06/28/2019
06/28/2019
07/05/2019

05/24/2019)
50 MOTION to File Amicus Curiae by Arizona Atorney General, State of. (Attachments: # 1 Text of Proposed Order, # 2 Amicus Brief)(Vogel, Dana) (Entered: 05/24/2019)
51 MINUTE ENTRY for proceedings held before Senior Judge David G Campbell: Telephonic Status Conference held on 5/30/2019. Amended Complaint due 6/5/2019. Joint Motion for Preliminary Approval due 6/28/2019. The hearing set for 6/20/2019 is vacated and reset to 7/19/2019 at 02:00 PM in Courtroom 603, 401 West Washington Street, Phoenix, AZ 85003 before Senior Judge David G Campbell. (Court Reporter Patricia Lyons.) Hearing held 10:04 a.m. to 10:15 a.m. (CLB) (Entered: 05/30/2019)
52 ORDER finding as moot 33 Motion to Certify Class; denying 50 Motion to File Amicus Curiae. The parties have advised the court that a new motion for preliminary approval of a class settlement will be filed, and a briefing schedule and hearing date have been set (Doc. 51 ). In light of this development, the pending motion for preliminary approval (Doc. 33 ) is denied as moot, and the motion to file an amicus brief (Doc. 50 ) is denied without prejudice to refiling after the new motion for preliminary approval is filed. Signed by Senior Judge David G Campbell on 5/30/2019. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (DGC, nvo) (Entered: 05/30/2019)
53 NOTICE of Filing Amended Pleading pursuant to LRCiv 15.1(b) by Unknown Party(named as John M.; individually and on behalf of all others similarly situated), Unknown Party(named as John A.; individually and on behalf of all others similarly situated), Unknown Party(named as Jane F.; individually and on behalf of all others similarly situated), Unknown Party(named as Jane N.; individually and on behalf of all others similarly situated), Unknown Party(named as John E.; individually and on behalf of all others similarly situated), Unknown Party(named as Jane V.; individually and on behalf of all others similarly situated), Unknown Party(named as John W.; individually and on behalf of all others similarly situated), Unknown Party(named as John D.; individually and on behalf of all others similarly situated) . (Attachments: # 1 Exhibit Stipulation to File Amended Complaint, # 2 Exhibit Compare_Original Complaint w Amended Complaint)(Holguin-Flores, Andres) (Entered: 06/05/2019)
54 AMENDED COMPLAINT against G6 Hospitality LLC, Motel 6 Operating LP filed by Unknown Party(named as John M.; individually and on behalf of all others similarly situated), Unknown Party(named as John A.; individually and on behalf of all others similarly situated), Unknown Party(named as Jane F.; individually and on behalf of all others similarly situated), Unknown Party(named as Jane N.; individually and on behalf of all others similarly situated), Unknown Party(named as John E.; individually and on behalf of all others similarly situated), Unknown Party(named as Jane V.; individually and on behalf of all others similarly situated), Unknown Party(named as John W.; individually and on behalf of all others similarly situated), Unknown Party(named as John D.; individually and on behalf of all others similarly situated).(Holguin-Flores, Andres) (Entered: 06/05/2019)
55 STIPULATION FOR EXTENSION OF TIME TO ANSWER COMPLAINT Stipulation to Extend the Defendants' Deadline to File an Answer to the Amended Complaint by G6 Hospitality LLC, Motel 6 Operating LP. (Refo, Patricia) (Entered: 06/18/2019)
56 ORDER pursuant to 55 Stipulation For Extension of Time To Answer Complaint: Defendants shall file their answer on or before 7/26/2019. The Court will not grant additional extension to this deadline absent truly extraordinary circumstances. Signed by Senior Judge David G Campbell on 6/19/2019. (DGC, nvo) (Entered: 06/19/2019)
57 Joint MOTION for Leave to File Excess Pages by Unknown Party(named as John M.; individually and on behalf of all others similarly situated), Unknown Party(named as John A.; individually and on behalf of all others similarly situated), Unknown Party(named as Jane F.; individually and on behalf of all others similarly situated), Unknown Party(named as Jane N.; individually and on behalf of all others similarly situated), Unknown Party(named as John E.; individually and on behalf of all others similarly situated), Unknown Party(named as Jane V.; individually and on behalf of all others similarly situated), Unknown Party(named as John W.; individually and on behalf of all others similarly situated), Unknown Party(named as John D.; individually and on behalf of all others similarly situated). (Attachments: # 1 Text of Proposed Order Granting Joint Motion For Leave to Exceed The Page Limit)(Holguin-Flores, Andres) (Entered: 06/28/2019)
59 MOTION to Seal Document and Consent Motion to Proceed Under Pseudonyms by Unknown Party(named as John M.; individually and on behalf of all others similarly situated), Unknown Party(named as John A.; individually and on behalf of all others similarly situated), Unknown Party(named as Jane F.; individually and on behalf of all others similarly situated), Unknown Party(named as Jane N.; individually and on behalf of all others similarly situated), Unknown Party(named as John E.; individually and on behalf of all others similarly situated), Unknown Party(named as Jane V.; individually and on behalf of all others similarly situated), Unknown Party(named as John W.; individually and on behalf of all others similarly situated), Unknown Party(named as John D.; individually and on behalf of all others similarly situated). (Attachments: # 1 Text of Proposed Order Granting Consent Motion to Proceed Under Pseudonyms)(Holguin-Flores, Andres) (Entered: 06/28/2019)
58 *MOTION for an Order (1) Granting Preliminary Approval of Amended Class Action Settlement, (2) Conditionally Certifying Settlement Class, (3) Appointing Class Representatives and Class Counsel, (4) Approving Notice Plan, and (5) Setting Final Approval Hearing re: 57 Joint MOTION for Leave to File Excess Pages . Filed by Unknown Party(named as John M.; individually and on behalf of all others similarly situated), Unknown Party(named as John A.; individually and on behalf of all others similarly situated), Unknown Party(named as Jane F.; individually and on behalf of all others similarly situated), Unknown Party(named as Jane N.; individually and on behalf of all others similarly situated), Unknown Party(named as John E.; individually and on behalf of all others similarly situated), Unknown Party(named as Jane V.; individually and on behalf of all others similarly situated), Unknown Party(named as John W.; individually and on behalf of all others similarly situated), Unknown Party(named as John D.; individually and on behalf of all others similarly situated). (Attachments: # 1 Exhibit 1. Declaration of Mark VanBeest, # 2 Exhibit 2. Washington Consent Decree, # 3 Exhibit 3. Declaration of Andres Holguin-Flores, # 4 Exhibit 4. Declaration of Jane V., # 5 Exhibit 5. Declaration of John E., # 6 Exhibit 6. Declaration of John D., # 7 Exhibit 7. Declaration of John A., # 8 Exhibit 8. Declaration of John W., # 9 Exhibit 9. Declaration of John M., # 10 Exhibit 10. Declaration of Jane F., # 11 Exhibit 11. Declaration of Jane N., # 12 Exhibit 12.

07/05/2019 07/09/2019
07/09/2019 07/15/2019 07/17/2019 07/19/2019 07/19/2019 07/19/2019 07/20/2019
07/26/2019
07/30/2019 07/30/2019

Declaration of Angela Ferrante, # 13 Text of Proposed Order Propose Order, # 14 Exhibit A. Agreement, # 15 Exhibit B. Postcard Notice, # 16 Exhibit C. Social Media Notice, # 17 Exhibit D. Class Action Website Notice, # 18 Exhibit E. Claim Form)(Holguin-Flores, Andres) *Modified from lodged to filed pursuant to order 61 ; NEF regenerated on 7/5/2019 (SLQ)/(SCH). (Entered: 06/28/2019)
61 ORDER - The parties have filed a joint motion for leave to file excess pages. Doc. 57 . IT IS ORDERED that the joint motion (Doc. 57 ) is granted. The Clerk of Court is directed to accept for filing the document lodged on the Court's docket as Doc. 58 . Signed by Senior Judge David G Campbell on 7/5/19. (SLQ) (Entered: 07/05/2019)
60 *Motion to Proceed Under Pseudonyms and Sealed Declarations In Support Thereof by Unknown Party(named as John M.; individually and on behalf of all others similarly situated), Unknown Party(named as John A.; individually and on behalf of all others similarly situated), Unknown Party(named as Jane F.; individually and on behalf of all others similarly situated), Unknown Party(named as Jane N.; individually and on behalf of all others similarly situated), Unknown Party(named as John E.; individually and on behalf of all others similarly situated), Unknown Party(named as Jane V.; individually and on behalf of all others similarly situated), Unknown Party(named as John W.; individually and on behalf of all others similarly situated), Unknown Party(named as John D.; individually and on behalf of all others similarly situated). (Attachments: # 1 Exhibit Declaration of Jane V., # 2 Exhibit Declaration of Jane V. (True Name), # 3 Exhibit Declaration of John A., # 4 Exhibit Declaration of John A. (True Name), # 5 Exhibit Declaration of John E., # 6 Exhibit Declaration of John E. (True Names), # 7 Exhibit Declaration of Jane F., # 8 Exhibit Declaration of Jane F. (True Name), # 9 Exhibit Declaration of John D., # 10 Exhibit Declaration of John D. (True Name), # 11 Exhibit Declaration of John M., # 12 Exhibit Declaration of John M. (True name), # 13 Exhibit Declaration of Jane N., # 14 Exhibit Declaration of Jane N. (True Name), # 15 Exhibit Declaration of John W., # 16 Exhibit Declaration of John W. (True Name))(Holguin-Flores, Andres) *Modified to change from lodged to filed pursuant to doc. 62 on 7/9/2019 (MAP). (Entered: 06/28/2019)
62 ORDER granting 60 Motion to Proceed Under Pseudonyms. FURTHER ORDERED granting 59 Motion to Seal. The Clerk is directed to file the lodged motion (Doc. 60 ) on the Court's public docket and file Plaintiffs' declarations (Docs. 60-160-16) under seal keeping the same document number. Signed by Senior Judge David G Campbell on 7/9/19. (MAP) (Entered: 07/09/2019)
63 MOTION to File Amicus Curiae by Arizona Atorney General, State of. (Attachments: # 1 Brief, # 2 Exhibit Exhibit A, # 3 Text of Proposed Order)(Jessen, Katherine) (Entered: 07/15/2019)
Remark: Pro hac vice motion granted for Stacie E Tobin on behalf of defendants. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) (Entered: 07/17/2019)
64 ORDER: The Unopposed Motion for Leave to File Arizona Attorney General Amicus Curiae Brief (Doc. 63 ) is granted. The Court hereby accepts the proposed Arizona Attorney General Amicus Curiae Brief as a formal submission. The Clerk of the Court distribute a copy of this Order to all counsel of record. Signed by Senior Judge David G Campbell on 7/18/2019. (SST) (Entered: 07/19/2019)
65 TRANSCRIPT REQUEST by Motel 6 Operating LP for proceedings held on 07/19/19, Judge David G Campbell hearing judge(s). (Refo, Patricia) (Entered: 07/19/2019)
66 *MINUTE ENTRY for proceedings held before Senior Judge David G Campbell: Motion Hearing regarding the Motion for an Order granting Preliminary Approval of Amended Class Action Settlement held on 7/19/2019. A Final Approval Hearing is set for February 7, 2020 at 10:00 a.m. in Courtroom 603. See attachment for details. (Court Reporter Patricia Lyons.) Hearing held 1:59 PM to 2:43 PM.(CLB) *Modified on 7/24/2019 to add verbiage re: hearing setting(CLB). (Entered: 07/19/2019)
72 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of MOTION HEARING proceedings held on 07/19/2019, before Judge DAVID G. CAMPBELL. [Court Reporter: Patricia Lyons, RMR, CRR, Telephone number (602) 322-7257]. The ordering party will have electronic access to the transcript immediately. All others may view the transcript at the court public terminal or it may be purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/12/2019. Redacted Transcript Deadline set for 8/20/2019. Release of Transcript Restriction set for 10/18/2019. (RAP) (Entered: 08/01/2019)
67 AMENDED DOCUMENT by Unknown Party(named as John M.; individually and on behalf of all others similarly situated), Unknown Party(named as John A.; individually and on behalf of all others similarly situated), Unknown Party(named as Jane F.; individually and on behalf of all others similarly situated), Unknown Party(named as Jane N.; individually and on behalf of all others similarly situated), Unknown Party(named as John E.; individually and on behalf of all others similarly situated), Unknown Party(named as Jane V.; individually and on behalf of all others similarly situated), Unknown Party(named as John W.; individually and on behalf of all others similarly situated), Unknown Party(named as John D.; individually and on behalf of all others similarly situated). Amendment to 58 MOTION, 66 Motion Hearing Amended Proposed Order and Newly Executed Settlement Agreement. (Attachments: # 1 Exhibit A. Newly Executed Settlement Agreement, # 2 Exhibit B. Postcard Notice, # 3 Exhibit C. Social Media Notice, # 4 Exhibit D. Class Action Website Notice, # 5 Exhibit E. Claim Form) (Holguin-Flores, Andres) (Entered: 07/26/2019)
68 ORDER setting EMERGENCY HEARING re: 67 Amended Document (NOT Motion/Complaint) filed by Unknown Party. The Court has scheduled an EMERGENCY HEARING (telephonic conference)for 7/30/2019 at 04:30 PM in Courtroom 603, 401 West Washington Street, Phoenix, AZ 85003 before Senior Judge David G Campbell. The dial-in number for the hearing is: 877-402-9753, Access code: 4619653. Signed by Senior Judge David G Campbell on 7/30/2019. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (DGC, nvo) (Entered: 07/30/2019)
69 MINUTE ENTRY for proceedings held before Senior Judge David G Campbell: Telephonic Conference held on 7/30/2019. Discussion is held regarding Page 21 of the Amended Settlement Agreement submitted to the Court (Doc. 67-1). The parties shall submit a Second Amended Settlement Agreement to the Court by 4:30 p.m. on 7/31/2019.

07/31/2019
08/01/2019
08/01/2019 08/02/2019 08/02/2019 01/10/2020 01/13/2020 01/17/2020 01/27/2020
01/28/2020 01/30/2020 01/30/2020 02/06/2020 02/06/2020 02/06/2020 02/07/2020

APPEARANCES: Telephonic appearance by Andrew Holguin-Flores and Daniel Ortega for Plaintiffs. Telephonic appearance by Patricia Refo for Defendants. Telephonic appearance by Oramel Skinner, Katherine Jessen, and Dana Vogel for Amicus State of Arizona. (Court Reporter Candy Potter.) Hearing held 4:31 PM to 4:38 PM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (CLB) (Entered: 07/30/2019)
70 AMENDED DOCUMENT by Unknown Party(named as John M.; individually and on behalf of all others similarly situated), Unknown Party(named as John A.; individually and on behalf of all others similarly situated), Unknown Party(named as Jane F.; individually and on behalf of all others similarly situated), Unknown Party(named as Jane N.; individually and on behalf of all others similarly situated), Unknown Party(named as John E.; individually and on behalf of all others similarly situated), Unknown Party(named as Jane V.; individually and on behalf of all others similarly situated), Unknown Party(named as John W.; individually and on behalf of all others similarly situated), Unknown Party(named as John D.; individually and on behalf of all others similarly situated). Amendment to 69 Telephone Conference, Common Prompts (Text Only) Second Amended Settlement Agreement including Notice Exhibits. (Attachments: # 1 Exhibit A. Fully Executed Second Amended Settlement Agreement, # 2 Exhibit B. Postcard Notice, # 3 Exhibit C. Social Media Notice, # 4 Exhibit D. Class Action Website Notice, # 5 Exhibit E. Claim Form)(Holguin-Flores, Andres) (Entered: 07/31/2019)
71 ORDER. The Court has reviewed the Second Amended Settlement Agreement, and has additional questions. Section XII(C) (1) states that "Each Class Member may be awarded the following amounts, which may be aggregated..." First, the word "may" appears to be ambiguous. Does it mean that the dollar amounts which follow are caps on what the Settlement Administrator may award, and that lower amounts can be awarded in his discretion? If so, have any criteria been provided for his exercise of discretion? If, on the other hand, the intent is to set fixed amounts that will be available to qualifying class members, should the word be "shall"? The language could be changed to read "Each Class Member who qualifies for a distribution under this Agreement shall be awarded the following amounts for which he or she qualifies...," or words to that effect. Second, what is meant by "which may be aggregated"? The parties shall file a joint response, as soon as reasonably possible, that addresses these issues. Signed by Senior Judge David G Campbell on 8-1-19. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (DGC) (Entered: 08/01/2019)
73 RESPONSE re: 71 Order Joint Response to August 1, 2019 Order by Plaintiffs Unknown Party, Unknown Party, Unknown Party, Unknown Party, Unknown Party, Unknown Party, Unknown Party, Unknown Party. (Holguin-Flores, Andres) (Entered: 08/01/2019)
74 Additional Attachments to Main Document re: 67 Amended Document (NOT Motion/Complaint) First Addendum to Second Amended Settlement Agreement by Plaintiffs Unknown Party, Unknown Party, Unknown Party, Unknown Party, Unknown Party, Unknown Party, Unknown Party, Unknown Party. (Holguin-Flores, Andres) (Entered: 08/02/2019)
75 ORDER granting 58 Joint motion for preliminary approval of preliminary agreement. Signed by Senior Judge David G Campbell on 8/2/2019.(DGC, nvo) (Entered: 08/02/2019)
76 *MOTION for Leave to File Excess Pages by G6 Hospitality LLC, Motel 6 Operating LP. (Attachments: # 1 Text of Proposed Order)(Refo, Patricia) *Modified to correct event on 1/13/2020 (RMV). (Entered: 01/10/2020)
77 ORDER granting 76 Motion for Leave to File Excess Pages. The parties may exceed the 17-page limit in filing their joint motion for final approval of the amended class action settlement. The joint motion shall not exceed 28 pages. Signed by Senior Judge David G Campbell on 1/13/2020.(DGC, nvo) (Entered: 01/13/2020)
78 *Joint MOTION Granting Final Approval of Amended Class Action Settlement by G6 Hospitality LLC, Motel 6 Operating LP. (Attachments: # 1 Exhibit Decl of Andres ISO, # 2 Exhibit Decl of Arden ISO, # 3 Exhibit Decl of CDM, # 4 Text of Proposed Order Proposed Order, # 5 Text of Proposed Order Proposed Consent Decree)(Refo, Patricia) *Modified to remove terminated filer on 1/21/2020 (RMV). (Entered: 01/17/2020)
79 ORDER At the request of counsel, a telephonic conference will be held on 1/30/2020 at 02:30 PM in Courtroom 603, 401 West Washington Street, Phoenix, AZ 85003 before Senior Judge David G Campbell. Counsel for Defendants shall initiate a telephone conference to include counsel for all parties, the attorney general's office, and the Court. If a dial-in number is to be used, counsel for Defendants shall provide the dial-in information to counsel for all parties, the attorney general's office, and the Court no later than 12:00 noon on 1/29/2020. Signed by Senior Judge David G Campbell on 1/27/2020. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (DGC, nvo) (Entered: 01/27/2020)
80 NOTICE of Appearance by Kate Blakeley Sawyer on behalf of Arizona Atorney General, State of. (Sawyer, Kate) (Entered: 01/28/2020)
81 REQUEST re: Letter to the Court by Amicus Arizona Atorney General, State of. (Sawyer, Kate) (Entered: 01/30/2020)
82 MINUTE ENTRY for proceedings held before Senior Judge David G Campbell: Telephonic Conference held on 1/30/2020. The Final Approval Hearing set for February 7, 2020 at 10:00 a.m. is affirmed. See attachment for further details. (Court Reporter Patricia Lyons.) Hearing held 2:34 PM to 2:52 PM.(CLB) (Entered: 01/31/2020)
83 NOTICE re: Withdrawal of Counsel by Arizona Atorney General, State of . (Vogel, Dana) (Entered: 02/06/2020)
84 AMICUS CURIAE BRIEF - Arizona Attorney General Amicus Brief by Amicus Arizona Atorney General, State of. (Sawyer, Kate) Modified TEXT on 2/6/2020 (SLQ). (Entered: 02/06/2020)
85 NOTICE re: Joint Notice of Filing in Support of Joint Motion for an Order (1) Granting Final Approval of Amended Class Action Settlement, (2) Certifying the Settlement Class, (3) Entering a Consent Decree to Govern Injunctive Relief, and (4) Approving Attorneys' Fees and Costs by Motel 6 Operating LP . (Attachments: # 1 Declaration)(Refo, Patricia) (Entered: 02/06/2020)
86 MINUTE ENTRY for proceedings held before Senior Judge David G Campbell: Final Approval Hearing held on 2/7/2020.

02/18/2020 02/18/2020 03/02/2020 05/13/2020 05/13/2020 03/29/2021

Discussion is held regarding the joint motion for the Court to grant the class action settlement agreement in this matter. IT IS ORDERED taking under advisement the 78 Joint Motion for an Order Granting Final Approval.
APPEARANCES: Andres Holguin-Flores and Thomas Saenz for Plaintiffs. Stacie Tobin and Patricia Refo for Defendants. Ama Romaine as Corporate Representative for Defendants. Oramel Kinner, Kate Sawyer, and Katherine Jessen for the Arizona Attorney General's Office. (Court Reporter Patricia Lyons.) Hearing held 10:04 AM to 11:13 AM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (CLB) (Entered: 02/07/2020)
87 ORDER granting 78 Motion for final approval. Signed by Senior Judge David G Campbell on 2/18/2020.(DGC, nvo) (Entered: 02/18/2020)
88 CONSENT DECREE - [See document for complete details]. Signed by Senior Judge David G Campbell on 2/18/20. (SLQ) (Entered: 02/18/2020)
89 NOTICE of Attorney Substitution by Patricia Lee Refo. (Refo, Patricia) (Entered: 03/02/2020)
90 NOTICE re: Joint Notice Of Filing Of Claims Administrators Distribution Report by G6 Hospitality LLC, Motel 6 Operating LP . (Refo, Patricia) (Entered: 05/13/2020)
91 Additional Attachments to Main Document re: 90 Notice (Other) Joint Notice Of Filing Of Claims Administrators Distribution Report by Defendants G6 Hospitality LLC, Motel 6 Operating LP. (Refo, Patricia) (Entered: 05/13/2020)
92 STATUS REPORT Joint Status Report by G6 Hospitality LLC, Motel 6 Operating LP. (Refo, Patricia) (Entered: 03/29/2021)

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 Case 2:18-cv-00242-DMF Document 1 Filed 01/23/18 Page 1 of 28

Thomas A. Saenz** (Cal. Bar. No. 159430) Andrés R. Holguin-Flores** (Cal. Bar No. 305860) Andrés J. Gallegos** (Cal. Bar No. 313090) MEXICAN AMERICAN LEGAL DEFENSE AND EDUCATIONAL FUND 634 S. Spring St., 11th Fl. Los Angeles, CA 90014 Telephone: (213) 629-2512 E-mail: tsaenz@maldef.org
aholguin-flores@maldef.org agallegos@maldef.org ** pro hac vice application pending
Attorneys for Plaintiffs Additional Counsel Listed on Next Page
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ARIZONA

Jane V.; John A.; John E.; Jane F.; John D.; John M.; Jane N.; and John W.; individually and on behalf of all others similarly situated,
Plaintiffs,
v.
Motel 6 Operating L.P., a limited partnership; G6 Hospitality LLC, a limited liability company, dba Motel 6; and Does 1-10;
Defendants

Case No. CLASS ACTION COMPLAINT

1

CLASS ACTION COMPLAINT

Case 2:18-cv-00242-DMF Document 1 Filed 01/23/18 Page 2 of 28
Nina Perales* (Tex. Bar No. 24005046) MEXICAN AMERICAN LEGAL DEFENSE AND EDUCATIONAL FUND 110 Broadway St., Suite 300 San Antonio, TX 78205 Telephone: (210) 224-5476 E-mail: nperales@maldef.org * admitted pro hac vice
Daniel R. Ortega, Jr. (Ariz. Bar No. 005015) ORTEGA LAW FIRM, P.C. 361 East Coronado Rd., Suite 101 Phoenix, AZ 85004-1525 Telephone: (602) 386-4455 Facsimile: (602) 386-4480 E-mail: danny@ortegalaw.com

2

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I. INTRODUCTION 1. Motel 6 employs a corporate policy and/or practice of disclosing guest registration information, including guests’ personal information, to agents of United States Immigration and Customs Enforcement (“ICE”) within the U.S. Department of Homeland Security (“DHS”). Plaintiffs challenge this policy and/or practice because it is racially discriminatory, unconstitutional, and violates laws that protect privacy rights and the rights of consumers. 2. Defendants Motel 6 Operating, L.P., G6 Hospitality LLC, and Does 1-10 (hereafter, collectively referred to as “Motel 6”) disclose guests’ personal information to DHS and ICE agents without requiring a warrant or reasonable suspicion of criminal activity, in violation of the company’s written assurances that it protects the privacy of its guests, and to assist DHS and ICE agents in unlawfully arresting or otherwise detaining guests. Motel 6’s policy and/or practice of disclosing guests’ personal information to ICE agents violates the United States Constitution, federal civil rights statutes and Arizona statutes. Plaintiffs bring this class action to obtain a declaration that Motel 6 violates federal and state law, and to obtain injunctive relief and damages.
II. JURISDICTION AND VENUE 3. This Court has original jurisdiction under 28 U.S.C. §§ 1331 and 1343 and under 42 U.S.C. § 1983 over Plaintiffs’ claims under federal law and the Constitution of the United States. This Court has original jurisdiction over Plaintiffs’ request for declaratory and injunctive relief under 28 U.S.C. §§ 2201

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and 2202. This Court has supplemental jurisdiction over Plaintiffs’ common and state law claims under 28 U.S.C. § 1367. Venue is proper in this District under 28 U.S.C. § 1391(b)(2).
III. PARTIES 4. Plaintiff Jane V. is Latina and a resident of Glendale, Arizona. 5. Plaintiff John A. is Latino and a resident of Phoenix, Arizona. 6. Plaintiff John E. is Latino and a resident of Tucson, Arizona. 7. Plaintiff Jane F. is Latina and a resident of Tucson, Arizona. 8. Plaintiff John D. is Latino and a resident of Phoenix, Arizona. 9. Plaintiff John M. is Latino and a resident of Phoenix, Arizona. 10. Plaintiff Jane N. is Latina and a resident of Phoenix, Arizona. 11. Plaintiff John W. is Latino and a resident of Auburn, Washington. 12. Plaintiffs proceed individually and on behalf of all others similarly situated. 13. Defendant Motel 6 Operating, L.P., is a limited partnership headquartered in Carrollton, Texas. Defendant Motel 6 Operating, L.P., owns and manages Motel 6 hotels throughout the United States, including those at 1530 North 52nd Drive, Phoenix, Arizona 85043 (“Motel 6 Phoenix West”) and 4130 North Black Canyon Highway, Phoenix, Arizona 85017 (“Motel 6 Black Canyon”). 14. Defendant G6 Hospitality LLC, doing business as Motel 6, is a limited liability company headquartered in Carrollton, Texas. Defendant G6

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Hospitality LLC owns and manages Motel 6 hotels throughout the United States, including the Motel 6 Phoenix West and the Motel 6 Black Canyon. On the basis of knowledge and belief, G6 Hospitality LLC is the parent company of Motel 6 Operating, L.P.
15. Defendants Does 1-10 are currently unidentified employees who work or worked at the Motel 6 Phoenix West and Motel 6 Black Canyon locations and who disclosed the personal information of motel guests to DHS and ICE agents. Defendants Does 1-10, acting on behalf of Defendants Motel 6 Operating, L.P., and G6 Hospitality LLC, conspired with DHS and ICE agents in the unlawful interrogation, detention, and arrest of Plaintiffs.
IV. FACTUAL ALLEGATIONS 16. Since at least February 2017, Motel 6 employees at multiple Motel 6 locations in Phoenix, Arizona, disclosed the personal information of guests to DHS and ICE agents without requiring a warrant. These Motel 6 employees, identified herein as Does 1-10, acted pursuant to a company policy and/or practice, and in violation of the company’s written assurances that it protects the privacy of its guests, to facilitate DHS and ICE agents’ unreasonable and warrantless interrogation, detention, and arrest of motel guests, including Plaintiffs.
a. Plaintiff Jane V. 17. On or about June 25, 2017, Plaintiff Jane V. registered as a guest at the Motel 6 Black Canyon with her four children. Plaintiff Jane V. and her children checked into the Motel 6 Black Canyon to escape the heat because their

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apartment lacked air conditioning. Plaintiff Jane V. showed a Motel 6 employee her Mexican consular identification card when she registered as a guest. A Motel 6 employee made a photocopy of Plaintiff Jane V.’s consular identification card.
18. On or about June 26, 2017, at approximately 5:00 a.m., three ICE agents banged loudly on the door of the room where Plaintiff Jane V. and her children slept. The ICE agents verbally identified themselves as “police.” Plaintiff Jane V. opened the door. ICE agents interrogated Plaintiff Jane V. in front of her children. One of the ICE agents referred to Plaintiff Jane V. by name and asked her to confirm her identity. ICE agents threatened to separate Plaintiff Jane V. from her children. Plaintiff Jane V. answered the ICE agents’ questions. After interrogating Plaintiff Jane V., the ICE agents gave Plaintiff Jane V. a “Callin Letter” instructing her to report to ICE’s Phoenix Field Office in the next few days.
19. As instructed by the “Call-in Letter,” several days later Plaintiff Jane V. presented herself at ICE’s Phoenix Field Office. At the Field Office, ICE agents interrogated, fingerprinted, and issued Plaintiff Jane V. a “Notice to Appear.” When Plaintiff Jane V. asked an ICE agent if a Motel 6 employee had provided her personal information to ICE, the ICE agent laughed and told her that her name had coincidently “popped up” in the agency’s computer system.
20. Upon information and belief, ICE agents arrested Plaintiff Jane V. without a warrant and without reason to believe that Plaintiff Jane V. was likely to escape before a warrant could be obtained.

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b. Plaintiff John A. 21. On or about July 5, 2017, Plaintiff John A. registered as a guest at the Motel 6 Phoenix West. Plaintiff John A. showed a Motel 6 employee his Mexican passport when he registered as a guest. A Motel 6 employee made a photocopy of Plaintiff John A.’s Mexican passport. 22. On or about July 6, 2017, at approximately 5:00 a.m., three ICE agents banged loudly on the door and window of the room where Plaintiff John A. slept. Plaintiff John A. opened the door and stepped outside. Plaintiff John A. saw ICE agents holding a paper that, based on his knowledge and belief, was printed on paper with Motel 6’s logo and that contained his name and room number. ICE agents interrogated Plaintiff John A. outside of the motel room. One of the ICE agents referred to Plaintiff John A. by name and asked Plaintiff John A. to confirm his identity. Plaintiff John A. answered the ICE agents’ questions. ICE agents handcuffed Plaintiff John A. and took him into custody. ICE agents transferred Plaintiff John A. to ICE’s Phoenix Field Office in a van with others whom ICE agents had detained that morning at the Motel 6 Phoenix West. 23. At ICE’s Phoenix Field Office, ICE agents interrogated, fingerprinted, and issued Plaintiff John A. a “Notice to Appear.” When Plaintiff John A. asked an ICE agent if a Motel 6 employee had provided his personal information to ICE agents, the ICE agent told him that he could not share those details. Plaintiff John A. paid a $12,000 bond and was subsequently permitted to leave the Field Office.

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24. Upon information and belief, Plaintiff John A.’s room was located in an area on motel property that was, at all material times, enclosed behind a gate that could only be accessed with a motel pass. Upon information and belief, Motel 6 employees, acting pursuant to a company policy and/or practice, granted ICE agents access to the area where Plaintiff John A.’s room was located.
25. Upon information and belief, ICE agents arrested Plaintiff John A. without a warrant and without reason to believe that Plaintiff John A. was likely to escape before a warrant could be obtained.
c. Plaintiffs John E. and Jane F. 26. On or about July 18, 2017, Plaintiff John E., Plaintiff Jane F., and their three children registered as guests at the Motel 6 Phoenix West. Plaintiffs John E. and Jane F. had travelled to Phoenix with their children so that Plaintiff John E. could start a new job. Plaintiff John E. showed a Motel 6 employee his Mexican driver’s license when he registered as a guest. A Motel 6 employee made a photocopy of Plaintiff John E.’s Mexican driver’s license. 27. On or about July 19, 2017, at approximately 5:30 a.m., as Plaintiff John E. sat in his car in the Motel 6 parking lot and prepared to drive to work, an ICE vehicle parked in front of Plaintiff John E.’s car, blocking it from leaving. ICE agents exited the vehicle and approached Plaintiff John E.’s car. One of the ICE agents referred to Plaintiff John E. by name and asked Plaintiff John E. to confirm his identity. Plaintiff John E. saw ICE agents holding a paper that, based on his knowledge and belief, contained his name and room number. ICE agents

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interrogated Plaintiff John E. Plaintiff John E. answered the ICE agents' questions. ICE agents handcuffed and placed Plaintiff John E. into a van. Plaintiff John E. overheard, on an ICE agent’s radio, that ICE agents were investigating four or five other rooms at the Motel 6 Phoenix West. ICE agents arrested and transferred Plaintiff John E. to ICE’s Phoenix Field Office.
28. At ICE’s Phoenix Field Office, ICE agents interrogated, fingerprinted, and issued Plaintiff John E. a “Notice to Appear.” When Plaintiff John E. asked an ICE agent if a Motel 6 employee provided ICE agents his personal information, the ICE agent laughed and told Plaintiff John E. that ICE arrested him during a standard raid. ICE agents transferred Plaintiff John E. to an immigration detention center where he was held for more than 30 days before he paid a $7,500.00 bond and was released.
29. After detaining Plaintiff John E. in the Motel 6 parking lot, ICE agents banged loudly on the door of the room where Plaintiff Jane F. and her three children slept. Plaintiff Jane F. opened the door. ICE agents informed Plaintiff Jane F. that her husband had been arrested. ICE agents interrogated Plaintiff Jane F. in front of her children. Plaintiff Jane F. answered the ICE agents’ questions. ICE agents left Plaintiff Jane F. with her children.
30. Upon information and belief, ICE agents arrested Plaintiff John E. without a warrant and without reason to believe Plaintiff John E. was likely to escape before a warrant could be obtained.
d. Plaintiff John D.

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31. On or about July 9, 2017, Plaintiff John D. registered as a guest at the Motel 6 Phoenix West. Plaintiff John D. showed a Motel 6 employee his Mexican consular identification card when he registered as a guest. A Motel 6 employee made a photocopy of Plaintiff John D.’s consular identification card.
32. On or about July 10, 2017, at approximately 6:00 a.m., two ICE agents approached and immediately handcuffed Plaintiff John D. in the Motel 6 parking lot as he approached his car to drive to work. ICE agents removed Plaintiff John D.’s wallet from his pocket and asked Plaintiff John D. for documentation showing authorized presence in the United States. ICE agents interrogated Plaintiff John D. ICE agents took Plaintiff John D. into custody and transferred him to ICE’s Phoenix Field Office.
33. At ICE’s Phoenix Field Office, ICE agents interrogated, fingerprinted, and issued Plaintiff John D. a “Notice to Appear.” Plaintiff John D. paid a $10,000 bond and was subsequently permitted to leave the Field Office.
34. Upon information and belief, ICE agents arrested Plaintiff John D. without a warrant and without reason to believe that Plaintiff John D. was likely to escape before a warrant could be obtained.
e. Plaintiffs John M. and Jane N. 35. On or about June 28, 2017, Plaintiff John M. registered as a guest at the Motel 6 Phoenix West. Plaintiff Jane N. accompanied Plaintiff John M., who is her husband. Plaintiffs John M. and Jane N. checked into the Motel 6 Phoenix West to escape the heat because the air conditioning in their home was not

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functioning. Plaintiff John M. showed a Motel 6 employee his Mexican passport when he registered as a guest. A Motel 6 employee made a photocopy of Plaintiff John M.’s Mexican passport.
36. On or about June 29, 2017, at approximately 6 a.m., three ICE agents banged loudly on the door of the room where Plaintiffs John M. and Jane N. slept. The ICE agents demanded entrance to the room and stated that they were searching for a person. Plaintiff John M. opened the door. The ICE agents immediately entered the room and handcuffed Plaintiff John M. ICE agents interrogated Plaintiff John M. Plaintiff John M. answered the ICE agents’ questions. ICE agents fingerprinted Plaintiff John M.
37. As ICE agents entered and detained Plaintiff John M., Plaintiff Jane N. was in the bathroom attempting to change clothing. Plaintiff John M. told ICE agents that Plaintiff Jane N. was sick and in recovery from a recent surgery, for which she was taking medication and bleeding regularly. ICE agents demanded that Plaintiff Jane N. exit the bathroom. Immediately after Plaintiff Jane N. exited the bathroom, ICE agents handcuffed her. ICE agents interrogated and fingerprinted Plaintiff Jane N. Plaintiff Jane N. answered the ICE agents’ questions. ICE agents arrested and transferred Plaintiffs John M. and Jane N. to ICE’s Phoenix Field Office.
38. At ICE’s Phoenix Field Office, ICE agents separated Plaintiffs John M. and Jane N. ICE agents interrogated and issued Plaintiff John M. a “Notice to Appear.” Plaintiff John M. paid a $3,000 bond and was subsequently permitted to

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leave the Field Office. ICE agents transferred Plaintiff Jane N. to a detention center. ICE agents allowed Plaintiff John M. to speak with Plaintiff Jane N. at the Field Office for only a few minutes before transferring Plaintiff Jane N. to a detention center. The following day, on June 30, 2017, DHS removed Plaintiff Jane N. from the United States.
39. Upon information and belief, ICE agents arrested Plaintiffs John M. and Jane N. without a warrant and without reason to believe that Plaintiffs John M. and Jane N. were likely to escape before a warrant could be obtained.
f. Plaintiff John W. 40. On or about June 26, 2017, Plaintiff John W. registered as a guest at the Motel 6 Phoenix West. Plaintiff John W. was accompanied by his mother, brother, and two children. Plaintiff John W. and his family checked into the Motel 6 Phoenix West in order to attend a court hearing for Plaintiff John W.’s wife. Plaintiff John W. showed a Motel 6 employee his Washington state driver’s license when he registered as a guest. A Motel 6 employee made a photocopy of Plaintiff John W.’s Washington state driver’s license. 41. On or about June 28, 2017, at approximately 6:00 a.m., Plaintiff John W. and his family awoke to the sound of someone pulling on the handle of their motel room door. Plaintiff John W. saw, through the window, an agent with a jacket identifying the agent as “police.” Plaintiff John W. opened the room door. ICE agents immediately pulled Plaintiff John W. by his hand and handcuffed him. ICE agents interrogated and fingerprinted Plaintiff John W. ICE agents entered

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the room and interrogated Plaintiff John W.’s mother, who was crying. ICE agents directed Plaintiff John W.’s mother to be quiet and console his oldest child, who was also crying. ICE agents arrested and transferred Plaintiff John W. to ICE’s Phoenix Field Office.
42. At ICE’s Phoenix Field Office, ICE agents fitted Plaintiff John W. with an ankle bracelet monitor. ICE agents ordered Plaintiff John W. to report to ICE in Washington in a few days.
43. Upon information and belief, ICE agents arrested Plaintiff John W. without a warrant and without reason to believe that Plaintiff John W. was likely to escape before a warrant could be obtained.
g. Motel 6 44. Upon information and belief, Motel 6 maintains a policy and/or practice of disclosing guest registration information, including personal information, of its guests to DHS and ICE agents without a warrant or reasonable suspicion of a crime. 45. At all relevant times, Motel 6 employees, including Does 1-10, acted within the scope of their employment and pursuant to a policy and/or practice of disclosing the personal information of its guests, including Plaintiffs, to DHS and ICE agents. At all relevant times, Motel 6 directed and supervised its employees’ conduct pursuant to its policy and/or practice of disclosing guest registration information to DHS and ICE agents.

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h. Conspiracy with DHS and ICE 46. Beginning at least as early as February 2017, Motel 6 directed its employees to disclose guest registration information, including guests’ personal information, to ICE agents. Upon information and belief, Motel 6 maintained this policy and/or practice pursuant to an agreement between Motel 6, DHS and ICE. Upon information and belief, Motel 6 employees were encouraged by Motel 6 to act for the benefit of law enforcement and a relationship with law enforcement. Motel 6 and ICE maintained this policy and/or practice with the goal that ICE agents interrogate, detain, and arrest guests, including Plaintiffs, without a warrant or reasonable suspicion. 47. In furtherance of Motel 6’s goal, and for this purpose, Motel 6 obtained the personal information of its guests and disclosed it to ICE agents to facilitate ICE agents’ unreasonable and warrantless interrogation, detention, and arrest of its guests, including Plaintiffs. Upon information and belief, Motel 6 disclosed Plaintiffs’ personal information, including names and room numbers, to ICE agents pursuant to an agreement between Motel 6 and ICE agents. 48. In furtherance of Motel 6’s goal, Motel 6 employees granted ICE agents access to gated and non-public areas that were under Motel 6’s exclusive control in order to facilitate ICE agents’ interrogation, detention, and arrest of guests, including Plaintiffs, without a warrant or reasonable suspicion. 49. As was the plan, no arrest or search warrants were ever obtained by ICE for any guests at any Motel 6 locations. Instead, without warrants, ICE

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agents, supported by Motel 6 and its employees, unlawfully detained, interrogated, and arrested individuals without cause or consent and in violation of guests’ civil rights.
50. By disclosing the personal information of its guests, including Plaintiffs, to DHS and ICE agents, Motel 6 performed a function that is traditionally the exclusive prerogative of the federal government.
51. Motel 6’s disclosure of guest information, and the conspiracy amongst all Defendants and ICE agents to unlawfully interrogate, detain, and arrest guests was planned and executed under color of state law, federal law, or both.
52. Motel 6’s privacy policy, available online, provides: “we are committed to safeguarding the privacy of the personal information that we gather.” Motel 6’s privacy policy further states: “[w]e may disclose Guest Information to law enforcement agencies . . . pursuant to a court order, or in compliance with any applicable law, regulation, rule or ordinance.”
53. At all relevant times, Motel 6, including Does 1-10, did not act pursuant to its privacy policy.
54. Plaintiffs maintained, at all relevant times, a reasonable expectation that their personal information, as contained in the guest registration information, would not be shared with DHS and ICE agents. Plaintiffs also maintained, at all relevant times, a reasonable expectation of privacy and seclusion within their motel rooms.

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i. Intent to Discriminate 55. Plaintiffs shared their personal information and entered into an agreement with Motel 6 in order to stay the night at Motel 6 locations. By disclosing Plaintiffs’ personal information to DHS and ICE agents after they checked in, by violating its privacy policy as to Plaintiffs, and by intentionally violating the privacy of Plaintiffs, Motel 6 denied Plaintiffs the full benefits and enjoyment of their agreement with Motel 6, and treated Plaintiffs less favorably than other non-Latino guests. 56. Motel 6 intended to discriminate against Plaintiffs and other Latinos on the basis of race and/or national origin when Motel 6, including Does 1-10, disclosed guests’ personal information to DHS and ICE agents. Motel 6 intended to deny Plaintiffs, on the basis of race and/or national origin, the full benefits and enjoyment of their agreement with Motel 6. On the basis of knowledge and belief, Motel 6 acted with the knowledge that this policy and/or practice would result in Plaintiffs being harmed on the basis of their race. 57. As a result of Motel 6’s unlawful policy and/or practice, Plaintiffs suffered damages, including but not limited to, emotional distress, depression, anxiety, mental suffering, loss of liberty, fear, and humiliation. Plaintiffs also incurred economic damages. 58. Motel 6 conspired with DHS and ICE agents to violate the Fourth Amendment rights of Plaintiffs and deprive Plaintiffs of the equal protection of the laws. Defendants acted in furtherance of the conspiracy when Motel 6 employees:

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(a) disclosed guest registration information to ICE agents; and (b) granted ICE agents access to gated and non-public areas under Motel 6’s exclusive control to facilitate ICE agents’ interrogation, detention, and arrest of guests, including Plaintiffs, without a warrant or reasonable suspicion of a crime. Motel 6 conspired with DHS and ICE agents to deny its Latino guests, including Plaintiffs, the full benefits and enjoyment of their agreement with Motel 6, and to discriminate against Plaintiffs on the basis of race and/or national origin.
V. CLASS ACTION ALLEGATIONS 59. Plaintiffs incorporate all of the allegations contained in the previous paragraphs of this complaint as though fully set forth here. 60. Pursuant to Fed. R. Civ. P. 23, Plaintiffs bring this class action and seek certification of the claims and certain issues in this action on behalf of a Class defined as: All persons, who are within the jurisdiction of the United States, who stayed at a Motel 6 location and were subjected to Motel 6’s policy and/or practice of disclosing personal information to federal immigration agents between February 1, 2017 and the date of judgment in this action (the “Class”). Plaintiffs also seek to represent a subclass which consists of all Latinos who stayed at a Motel 6 location and were subjected to Motel 6’s policy and/or practice of disclosing personal information to federal immigration agents. Plaintiffs also seek to represent a subclass which consists of all persons who stayed a Motel 6 location in Arizona and who were subjected to Motel 6’s policy and/or practice of disclosing personal information to federal immigration agents.

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61. Plaintiffs reserve the right to amend the Class and Subclass definitions if further investigation and discovery indicates that the Class and Subclass definitions should be narrowed, expanded, or otherwise modified. Excluded from the Class and Subclasses are governmental entities, Defendants, any entity in which Defendants have a controlling interest, and Defendants’ officers, directors, affiliates, legal representatives, employees, co-conspirators, successors, subsidiaries, and assigns. Also excluded from the Class and Subclasses is any judge, justice, or judicial officer presiding over this matter and the members of their immediate families and judicial staff.
62. Plaintiffs are members of the Class and Subclasses. 63. Upon information and belief, the members of the Class and Subclasses are so numerous that joinder of all of them is impracticable. Motel 6 has approximately 1,200 locations across the United States and in each of the 50 states. Plaintiffs do not know the precise number of Class and Subclass Members, as this information is in Motel 6’s possession. 64. There are questions of law and fact common to the Class and Subclasses, and these questions predominate over any questions affecting only individual members. Common questions include, among others: (1) whether is it Motel 6’s policy and/or practice to disclose its guests’ personal information to federal immigration agents; (2) whether Plaintiffs and the Class (and Subclasses) suffered harm as a result of Motel 6’s unlawful policy and/or practice; (3) whether Plaintiffs and the Class (and Subclasses) are entitled to compensatory damages;

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(4) whether Plaintiffs and the Class (and Subclasses) are entitled to noneconomic damages; (5) what equitable and injunctive relief for the Class (and Subclasses) is warranted; and (6) the scope of a resulting permanent injunction.
65. Plaintiffs’ claims are typical of the claims of the Class and Subclasses because: (1) Plaintiffs were within the jurisdiction of the United States; (2) Plaintiffs were subjected to Motel 6’s policy and/or practice of disclosing personal information to federal immigration agents; and (3) Plaintiffs were harmed as a result of Motel 6’s conduct. All of these claims are substantially shared by each and every member of the Class and Subclasses. All of the claims arise from the same course of conduct by Motel 6, and the relief sought is common.
66. Plaintiffs will fairly and adequately represent and protect the interests of the members of the Class and Subclasses. Plaintiffs have no conflict with any member of the Class or Subclasses. Plaintiffs are committed to the goal of having Defendants cease their policy and/or practice of disclosing guests’ personal information to federal immigration agents.
67. Plaintiffs have retained counsel competent and experienced in complex class actions involving race and national origin discrimination.
68. The universe of people affected by Defendants’ unlawful policy and/or practice is ascertainable through Defendants’ records and, therefore, the Class and Subclasses are ascertainable.
69. Class certification is appropriate pursuant to Fed. R. Civ. P. 23(b)(2) because Defendants have acted and/or refused to act on grounds generally

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applicable to the Class and Subclasses, making appropriate declaratory and injunctive relief with respect to Plaintiffs and the Class and Subclasses as a whole. Defendants have denied the full enjoyment and benefits of accommodation to Plaintiffs and the Class and Subclasses by disclosing their personal information to federal immigration agents. Members of the Class and Subclass are entitled to injunctive relief to end Defendants’ common, uniform, unfair, and discriminatory policy and/or practice.
70. Class certification is also appropriate pursuant to Fed. R. Civ. P. 23(b)(3) because common questions of fact and law predominate over any questions affecting only individual members of the Class and Subclasses, and because a class action is superior to other available methods for the fair and efficient adjudication of this litigation since joinder of all members is impracticable. Members of the Class and Subclasses have been damaged and are entitled to recovery as a result of Defendants’ common, uniform, unfair, and discriminatory policy and/or practice. Damages are capable of measurement on a class-wide basis and will be calculated based on economic and noneconomic losses incurred as a proximate result of Defendants’ unlawful conduct. Plaintiffs and the Class and Subclasses will rely on common evidence to resolve their legal and factual questions. There are no pending actions raising similar claims for damages. The proposed representatives for the Class and Subclasses are residents of Arizona, with the exception of John W who is a resident of Washington. Defendants engage in continuous, permanent, and substantial activity in Arizona.

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There will be no undue difficulty in the management of this litigation as a class action.
VI. CAUSES OF ACTION FIRST CAUSE OF ACTION Discrimination in Violation of 42 U.S.C. § 1981 71. Plaintiffs incorporate all of the allegations contained in the previous paragraphs of this complaint as though fully set forth here. 72. Title 42 of the United States Code Section 1981 makes it unlawful for a private actor to discriminate on the basis of race or national origin in the making and enforcement of contracts. 73. Defendants intentionally discriminated against Plaintiffs on the basis of their race and/or national origin by denying Plaintiffs “the enjoyment of all benefits, privileges, terms, and conditions of the contractual relationship” in violation of 42 U.S.C. § 1981(b). 74. Plaintiffs suffered damages, including emotional distress and economic losses, in an amount to be determined at trial, and as a proximate result of Defendants’ conduct. Plaintiffs are entitled to punitive damages in an amount to be determined at trial. SECOND CAUSE OF ACTION Conspiracy in Violation of 42 U.S.C. § 1985(3) 75. Plaintiffs incorporate all of the allegations contained in the previous paragraphs of this complaint as though fully set forth here.

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76. Title 42 of the United States Code Section 1985(3) provides a private right of action against individuals who conspire to deprive a person of the equal protection of the laws, or of having and exercising a right or privilege under the law.
77. Defendants are and/or were, at all material times, engaged in, and acted in furtherance of, a conspiracy in violation of 42 U.S.C. § 1985(3).
78. Defendants acted willfully, deliberately, maliciously or with reckless disregard for the Plaintiffs’ civil rights.
79. As a result of Defendants’ acts in furtherance of the conspiracy, Plaintiffs suffered damages, including, but not limited to, loss of liberty, humiliation, fear, and emotional distress. Plaintiffs are entitled to general and punitive damages in an amount to be determined at trial.
80. As a result of Defendants’ acts in furtherance of the conspiracy, Plaintiffs suffered damages, including emotional distress and economic losses, in an amount to be determined at trial. Plaintiffs are entitled to punitive damages in an amount to be determined at trial.
THIRD CAUSE OF ACTION Fourth Amendment Violation 81. Plaintiffs incorporate all of the allegations contained in the previous paragraphs of this complaint as though fully set forth here.

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82. The Fourth Amendment provides “[t]he right of people to be secure in their persons” and protects against “unreasonable searches and seizures” without a warrant and without probable cause. U.S. Const. Amend. IV.
83. Defendants intentionally violated Plaintiffs’ rights to be free from unreasonable and warrantless searches, in violation of the Fourth Amendment, by disclosing Plaintiffs’ personal information to federal immigration officials without a warrant or reasonable suspicion of a crime and by acting on behalf of law enforcement to facilitate the arrests of Plaintiffs.
84. Plaintiffs suffered damages, including emotional distress and economic losses, in an amount to be determined at trial, and as a proximate result of Defendants’ conduct.
FOURTH CAUSE OF ACTION Consumer Fraud in Violation of A.R.S. § 44-1522 85. Plaintiffs incorporate all of the allegations contained in the previous paragraphs of this complaint as though fully set forth here. 86. A.R.S. § 44-1522 makes it unlawful to engage in deception, a deceptive or unfair act or practice, or misrepresentation in connection with the sale of merchandise. 87. Defendants are responsible for the conduct of their employees under the doctrine of respondeat superior.

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88. Defendants violated A.R.S. § 44-1522 by misrepresenting their privacy policy and disclosing Plaintiffs’ personal information to DHS and ICE agents.
89. Plaintiffs suffered damages, including emotional distress and economic losses, in an amount to be determined at trial, and as a proximate result of Defendants’ conduct.
FIFTH CAUSE OF ACTION Tort for Intrusion Upon Seclusion in Violation of Arizona Law 90. Plaintiffs incorporate all of the allegations contained in the previous paragraphs of this complaint as though fully set forth here. 91. Arizona law makes it unlawful to intentionally intrude upon the seclusion or private affairs of another in a highly offensive manner. 92. Defendants are responsible for the conduct of their employees under the doctrine of respondeat superior. 93. Defendants’ disclosure of Plaintiffs’ personal information to federal immigration officials constitutes an invasion of Plaintiffs’ privacy in violation of Arizona law. 94. Plaintiffs suffered damages, including emotional distress and economic losses, in an amount to be determined at trial, and as a proximate result of Defendants’ conduct.

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SIXTH CAUSE OF ACTION Intentional Infliction of Emotional Distress in Violation of Arizona Law
95. Plaintiffs incorporate all of the allegations contained in the previous paragraphs of this complaint as though fully set forth here.
96. Arizona law makes it unlawful to engage in extreme and outrageous conduct that may cause severe emotional distress to another.
97. Defendants are responsible for the conduct of their employees under the doctrine of respondeat superior.
98. Defendants’ disclosure of Plaintiffs’ personal information to federal immigration officials constitutes the intentional infliction of emotional distress in violation of Arizona law.
99. Plaintiffs suffered damages, including emotional distress and economic losses, in an amount to be determined at trial, and as a proximate result of Defendants’ conduct.
SEVENTH CAUSE OF ACTION Breach of Contract in Violation of Arizona Law 100. Plaintiffs incorporate all of the allegations contained in the previous paragraphs of this complaint as though fully set forth here. 101. Arizona law makes it unlawful for a party to a contract to engage in a material breach of a contract. 102. Defendants are responsible for the conduct of their employees under the doctrine of respondeat superior.

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103. Defendants materially breached their contract with Plaintiffs, in violation of Arizona law, by disclosing guests’ personal information in violation of Defendants’ privacy policy, and by denying Plaintiffs the benefit of their contract with Defendants.
104. Plaintiffs suffered damages, including emotional distress and economic losses, in an amount to be determined at trial, and as a proximate result of Defendants’ conduct.
EIGHTH CAUSE OF ACTION False Imprisonment in Violation of Arizona Law 105. Plaintiffs incorporate all of the allegations contained in the previous paragraphs of this complaint as though fully set forth here. 106. Arizona law makes it unlawful for a party to intentionally restrain another person to an area within the party’s control without lawful authority or consent. 107. Arizona law also makes it unlawful for a party to instigate or participate in the false imprisonment of another. 108. Defendants are responsible for the conduct of their employees under the doctrine of respondeat superior. 109. Defendants intentionally instigated or participated in the false imprisonment of Plaintiffs, in violation of Arizona law, by disclosing Plaintiffs’ personal information to federal immigration officials who detained Plaintiffs

26

CLASS ACTION COMPLAINT

Case 2:18-cv-00242-DMF Document 1 Filed 01/23/18 Page 27 of 28

without a warrant or reasonable suspicion of a crime and by acting on behalf of law enforcement to facilitate the arrests of Plaintiffs.
110. Plaintiffs suffered damages, including emotional distress and economic losses, in an amount to be determined at trial, and as a proximate result of Defendants’ conduct. Plaintiffs are entitled to compensation for physical discomfort or inconvenience, and for any resulting physical illness or injury to health.
VII. PRAYER FOR RELIEF 111. WHEREFORE, Plaintiffs pray that this Court award:
a. A declaratory judgment that Defendants’ policy and/or practice of disclosing guests’ information to DHS and ICE agents violates the United States Constitution and federal and state law;
b. A preliminary and permanent injunction enjoining and restraining Defendants, their representatives, successors, assigns, officers, agents, servants, employees, and all other persons acting or claiming to act or, on behalf of, or in active concert or participation with Defendants, from continuing or engaging in the unlawful conduct complained of herein;
c. Monetary damages in an amount to be determined; d. A civil penalty in an amount to be determined for violation of
the Arizona Consumer Fraud Act;

27

CLASS ACTION COMPLAINT

Case 2:18-cv-00242-DMF Document 1 Filed 01/23/18 Page 28 of 28

e. Plaintiffs’ reasonable attorney’s fees and costs; and f. Such other relief as this Court may deem just and proper.

Dated: January 23, 2018

MEXICAN AMERICAN LEGAL DEFENSE AND EDUCATIONAL FUND, INC.
/s/ Nina Perales Thomas A. Saenz Andrés R. Holguin-Flores Andrés J. Gallegos Nina Perales Daniel R. Ortega, Jr. Attorneys for Plaintiffs

28

CLASS ACTION COMPLAINT

 
 Case 2:18-cv-00242-DGC Document 34-1 Filed 11/02/18 Page 1 of 11

1

2

3

4

5

6

7

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF ARIZONA 8
Jane V.; John A.; John E.; Jane F.; John D.; No.: 2:18-cv-00242-DGC 9 John M.; Jane N.; and John W.; individually

10

and on behalf of all others similarly situated,

11

Plaintiffs,

[PROPOSED] ORDER

12

v.

13 Motel 6 Operating L.P., a limited
14 partnership; G6 Hospitality LLC, a limited liability company, dba Motel 6; and Does 1-
15 10,

16

Defendants.

17

18

Plaintiffs Jane V.; John A.; John E.; Jane F.; John D.; John M.; Jane N.; and John

19 W. and Defendants Motel 6 Operating L.P. and G6 Hospitality LLC have entered into a

20 Settlement Agreement, a copy of which is attached as Exhibit A. The Parties have filed a

21 Joint Motion for an Order (1) Granting Preliminary Approval of Class Action Settlement,

22 (2) Conditionally Certifying Settlement Class, (3) Appointing Class Representatives and

23 Class Counsel, (4) Approving Notice Plan, and (5) Setting Final Approval Hearing.

24

Having reviewed the Settlement Agreement, the Joint Motion and the pleadings

25 and other papers on file in this action, the Court finds that the Joint Motion should be

26 GRANTED and that this Order should be entered. The Court gives its preliminary

27 approval to the terms of the Settlement Agreement, subject to a Final Approval Hearing

28 to be held for the purpose of deciding whether to grant final approval to the settlement.

44804429-63719797-.91609.4

Case 2:18-cv-00242-DGC Document 34-1 Filed 11/02/18 Page 2 of 11

1

IT IS HEREBY ORDERED, ADJUDGED AND DECREED AS

2 FOLLOWS:

3

DEFINITIONS

4

1. For purposes of this Order, the Definitions in Section III of the Settlement

5 Agreement shall apply.

6

RULE 23(a)

7

2. The Court finds that each of the prerequisites of Rule 23(a) is satisfied.

8

a. The class is so numerous that joinder of all members is impractical.

9

Defendants stipulate that the Primary Class contains thousands of members, and

10

common sense indicates that Classes 2 and 3 are sufficiently numerous. See

11

Newberg on Class Actions § 3.3 (4th ed.2002) (where “the exact size of the class is

12

unknown, but general knowledge and common sense indicate that it is large, the

13

numerosity requirement is satisfied”).

14

b. There are numerous questions of law or fact common to the class.

15

All class members are individuals whose Guest Information was provided to

16

Federal Immigration Authorities or who were questioned or placed in immigration

17

removal proceedings as a result of Guest Information being provided to Federal

18

Immigration Authorities.

19

c. The claims of the representative parties are typical of the claims of

20

the class. Defendants’ records indicate that six Plaintiffs are members of the

21

Primary Class. All but one Plaintiff was arrested at a Motel 6 property, placed in

22

removal proceedings, and is either a Primary Class member or shared a room at

23

Motel 6 with a Primary Class member at the time of his or her arrest. They are

24

thus members of Class 3. The remaining proposed class representative was

25

interrogated by Federal Immigration Authorities at a Motel 6 property while

26

sharing a room with a Primary Class member, but was not placed in removal

27

proceedings. She is thus a member of Class 2.

28

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Case 2:18-cv-00242-DGC Document 34-1 Filed 11/02/18 Page 3 of 11

1

d. The representative parties will fairly and adequately protect the

2

interests of the class. Plaintiffs do not have interests that conflict with the proposed

3

Settlement Class. Plaintiffs allege that they, like all Class Members, contracted for

4

hospitality services and had their Guest Information disclosed to Federal

5

Immigration Authorities or were interrogated and/or placed in removal procedures

6

as a result of Guest Information being disclosed to Federal Immigration

7

Authorities. Plaintiffs’ counsel also satisfies the adequacy requirement, as is

8

evidenced by their thorough investigation, detailed Complaint, and extensive work

9

in mediating and negotiating the proposed Settlement. Plaintiffs’ counsel has

10

numerous years’ experience, and demonstrated success, in bringing class action

11

claims. MALDEF, one of Plaintiffs’ counsel, is a longstanding non-profit whose

12

mission is to provide legal services to individuals such as Plaintiffs and members

13

of the Settlement Class. Proposed Class Counsel are competent and qualified and

14

will more than adequately protect the Class’ interests.

15

RULE 23(b)

16

3. For purposes of equitable and monetary relief under Federal Rules of Civil

17 Procedure 23(b)(2) and (b)(3), respectively, the classes represented by Plaintiffs are

18 defined as follows:

19

a. A Primary Class, consisting of all persons who stayed at an Operated

20

Location between February 1, 2017, and November 2, 2018, and whose

21

Guest Information was provided to Federal Immigration Authorities by

22

Defendants’ employees, except those who file a timely request to opt-out of

the monetary damages provisions. 23

24

b. Class 2, consisting of all persons who are not members of Class 3 who were

25

questioned and/or interrogated by Federal Immigration Authorities at an

Operated Location as a result of a Primary Class Member’s Guest 26
Information being provided to Federal Immigration Authorities, except 27

28

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Case 2:18-cv-00242-DGC Document 34-1 Filed 11/02/18 Page 4 of 11

1

those who file a timely request to opt-out of the monetary damages

2

provisions.

3

c. Class 3, consisting of all persons who were placed in immigration removal

4

proceedings in connection with their encounter with Federal Immigration

5

Authorities at an Operated Location as a result of a Primary Class Member’s

6

Guest Information being provided to Federal Immigration Authorities,

7

except those who file a timely request to opt-out of the monetary damages

8

provisions.

9

4. For purposes of the injunctive relief set forth in the proposed settlement,

10 Defendants have acted or refused to act on grounds that apply generally to the Primary

11 Class under Rule 23(b)(2). Plaintiffs’ request for monetary relief in this case is

12 “incidental” to the Complaint’s primary claims for injunctive relief. Wal-Mart Store, Inc.

13 v. Dukes, 564 U.S. 338, 350 (2011). Plaintiffs have obtained an agreement by Defendants

14 to stop the conduct at issue and institute policies and procedures for addressing requests

15 from Federal Immigration Authorities to prevent the conduct alleged in the complaint

16 from reoccurring and to enable Motel 6 guests to raise concerns if they believe the alleged

17 conduct has recurred, as memorialized in the Agreement. Further, claims by Class

18 Members for monetary relief are secondary in that the compensation flows directly out of

19 Defendants’ conduct that affected all class members.

20

5. For purposes of the monetary relief set forth in the proposed settlement,1 the

21 questions of law or fact common to the class predominate over questions affecting only

22 individual members. Further, damages can be measured with a common methodology

23

24 1 The Agreement provides that: (1) Defendants will pay $50 in damages to each member of the Primary Class who is not also a member of either Class 2 or Class 3 and makes a
25 legitimate claim in the determination of the Claims Administrator, up to a class-wide total of $1,000,000; (2) Defendants will pay $1000 in damages to each member of Class 2 who
26 makes a legitimate claim in the determination of the Claims Administrator, up to a subclass-wide total of $1,000,000; and (3) Defendants will pay each member of Class 3
27 who makes a legitimate claim in the determination of the Claims Administrator an amount in damages of at least $7,500 to be determined by the Claims Administrator in
28 consultation with Class Counsel, up to a class-wide total of $5,600,000.

- 4 -

Case 2:18-cv-00242-DGC Document 34-1 Filed 11/02/18 Page 5 of 11

1 that is directly connected to the alleged wrong as described in the Agreement. See

2 Comcast Corp. v. Behrend, 569 U.S. 27, 34–38 (2013).

3

6. Class treatment is also the superior means to adjudicate Plaintiffs’ claims.

4 Resolving all claims in one proceeding will preserve efficiency for the parties and judicial

5 economy. See Deposit Guar. Nat’l Bank v. Roper, 445 U.S. 326, 338-339 (1980). In

6 addition, continued litigation without class certification could potentially “dwarf potential

7 recovery.” Hanlon, 150 F.3d at 1023.

8

PRELIMINARY APPROVAL

9

7. At this preliminary approval stage, a final analysis of the settlement’s merits

10 is not required. Instead, a more detailed assessment is reserved for final approval after

11 class notice has been sent and class members have had the opportunity to object to, or to

12 opt-out of the monetary damages provision of, the settlement. See Moore’s Fed. Prac. §

13 23.165[3] (3d ed. 2005). Accordingly, “[p]reliminary approval of a settlement and notice

14 to the proposed class is appropriate [i]f [1] the proposed settlement appears to be the

15 product of serious, informed, noncollusive negotiations, [2] has no obvious deficiencies,

16 [3] does not improperly grant preferential treatment to class representatives or segments of

17 the class, and [4] falls with[in] the range of possible approval[.]” Vasquez v. Coast Valley

18 Roofing, Inc., 670 F. Supp. 2d 1114, 1125 (E.D. Cal. 2009) (citation and internal

19 quotations omitted); accord Horton v. USAA Cas. Ins. Co., 266 F.R.D. 360, 363 (D. Ariz.

20 2009) (Campbell, J.). All of the above factors are amply satisfied here and the terms are

21 fair. All factors required for issuing notice under the amendments to Rule 23(e) effective

22 December 1, 2018 are also satisfied here.

23

8. The Parties’ negotiations were also vigorous and contested, with both

24 Parties represented by experienced counsel. The Parties engaged in a series of informal,

25 arm’s length discussions over a period of months before enlisting the services of an

26 independent, professional mediator. A full-day mediation resulted in a tentative

27 settlement Agreement. These lengthy negotiations before a third party demonstrate that

28 the settlement was not collusive. See, e.g., Adams v. Inter-Con Sec. Sys., Inc., No. C-06-

- 5 -

Case 2:18-cv-00242-DGC Document 34-1 Filed 11/02/18 Page 6 of 11

1 5428 MHP, 2007 WL 3225466, at *3 (N.D. Cal. Oct. 30, 2007) (“The assistance of an

2 experienced mediator in the settlement process confirms that the settlement is non-

3 collusive.”). The Agreement does not give preferential treatment to the Class

4 Representatives.

5

CONDITIONAL CLASS CERTIFICATION

6

9. The Court conditionally certifies for settlement purposes the following class

7 and subclasses of plaintiffs:

8

10. A Primary Class, consisting of all persons who stayed at an Operated

9 Location between February 1, 2017, and November 2, 2018, and whose Guest Information

10 was provided to Federal Immigration Authorities by Defendants’ employees, except those

11 who file a timely request to opt-out of the monetary damages provisions.

12

11. Class 2, consisting of all persons who are not members of Class 3 who were

13 questioned and/or interrogated by Federal Immigration Authorities at an Operated

14 Location as a result of a Primary Class Member’s Guest Information being provided to

15 Federal Immigration Authorities, except those who file a timely request to opt-out of the

16 monetary damages provisions.

17

12. Class 3, consisting of all persons who were placed in immigration removal

18 proceedings in connection with their encounter with Federal Immigration Authorities at an

19 Operated Location as a result of a Primary Class Member’s Guest Information being

20 provided to Federal Immigration Authorities, except those who file a timely request to

21 opt-out of the monetary damages provisions.

22

13. Jane V.; John A.; John E.; John D.; John M.; and John W. are designated as

23 class representatives of the Primary Class. Jane F. is designated as class representative of

24 Class 2. Jane V.; John A.; John E.; John D.; John M.; Jane N.; and John W. are designated

25 as class representatives of Class 3.

26

14. MALDEF and the Ortega Law Firm are appointed as counsel to the class.

27

28

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Case 2:18-cv-00242-DGC Document 34-1 Filed 11/02/18 Page 7 of 11

1

15. The Court appoints Martin F. Scheinman, Esq. to serve as the Settlement

2 Administrator to perform the tasks described, and be compensated as set forth, in the

3 Settlement Agreement.

4

16. The Court appoints Arden Claims Service in Port Washington, New York to

5 serve as the Claims Administrator to perform the tasks described, and be compensated as

6 set forth, in the Settlement Agreement.

7

NOTICE

8

17. The Claims Administrator shall by ________________ cause notice to be

9 mailed in the name of the clerk by first class mail, postage prepaid, to all class members

10 who can be identified by the means described in the Settlement Agreement. The Notice

11 shall be substantially in the form attached as Exhibit B, and be sent in both English and

12 Spanish.

13

18. In addition, the Class Counsel shall cause notice of the class settlement to be

14 published substantially in the form attached as Exhibit C on MALDEF’s Facebook and

15 Twitter accounts and the Claims Administrator shall cause notice of the class settlement to

16 be published substantially in the form attached as Exhibit D on the website to be

17 established by the Claims Administrator. The notice shall be posted in both English and

18 Spanish.

19

19. The Court finds that notice in the manner set forth herein is reasonable and

20 constitutes due, adequate and sufficient notice to all persons entitled to receive notice, is

21 the best practicable notice, and is reasonably calculated to apprise members of the Primary

22 Class of the pendency of this action and of their right to object or to exclude themselves

23 from the monetary portions of this settlement.

24

REQUESTS FOR EXCLUSION AND CLAIM FORMS

25

20. Any member of the Settlement Class who wishes to be excluded from the

26 settlement must comply with the terms set forth in Exhibit D and incorporate the language

27 set forth in Section XII.F.1.b.i of Exhibit A and submit a request for exclusion received

28 online by the Claims Administrator or postmarked no later than _________________.

- 7 -

Case 2:18-cv-00242-DGC Document 34-1 Filed 11/02/18 Page 8 of 11

1

21. Any Member of the Settlement Class who submits a request for exclusion

2 and wishes to rescind that request must do so by _________. The request to rescind the

3 request for exclusion must comply with the terms set forth in Exhibit D, and incorporate

4 the language set forth Section XII.F.1.c.i of Exhibit A.

5

22. Potential Class Members who seek monetary damages must complete a

6 claim form substantially in the form attached as Exhibit E and cause it to be filed with the

7 Claims Administrator by ____________________. The claim form must be postmarked

8 or submitted online on or before such date in order to be considered timely. Failure to file

9 a timely claim form, for any reason whatsoever, shall bar the potential Class Member

10 from having his or her claim considered and from receiving monetary damages from the

11 Settlement Account. Claims may be filed by deceased claimants through representatives

12 of their estate if appropriate documentation is provided.

13

23. The Claims Administrator shall make the determination as to whether a

14 claim form is complete. If it is not complete, the Claims Administrator shall request

15 additional information from the claimant, if it appears that such additional information

16 would complete the Claim Form. Such requests for information shall be in writing and

17 shall specify the information necessary to complete the claim form. The requests for

18 information will be sent via first class mail, printed in English and Spanish, and inform

19 the claimant that a response must be returned no later than forty-five (45) days from the

20 date the request for information was mailed. The claimant must provide the requested

21 information, signed under penalty of perjury, to the Claims Administrator by mail with a

22 postmark no later than forty-five (45) days from the date of the mailed request for

23 information. Such additional information shall be considered part of the original claim

24 form and will relate back to the original filing date. The failure of a claimant to timely

25 respond to the request for information may result in the denial of the claim.

26

24. For claims received after the filing deadline, the Claims Administrator shall

27 notify late-filing claimants that their claims are untimely and that they are not eligible for

28 any monetary award. The Claims Administrator shall also inform late-filing claimants

- 8 -

Case 2:18-cv-00242-DGC Document 34-1 Filed 11/02/18 Page 9 of 11

1 that they may seek a review of the determination that they filed untimely by requesting the

2 Claims Administrator to reconsider its determination. The Claims Administrator may

3 reverse its determination that a claim was not timely filed only if the claimant proves that

4 (1) the claim form was filed on or before the filing deadline and that the untimeliness

5 determination is erroneous; or (2) that he or she could not timely complete the claim form

6 due to exceptional circumstances, which includes deportation, change of address, or other

7 events that the Claim Administrator may consider.

8

APPEALS OF CLAIMS ELIGIBILITY

9

25. Within ninety (90) days of the close of the claims filing period, all ineligible

10 claimants shall receive written notice of their ineligibility for monetary damages. Any

11 claimants wishing to seek review of their ineligibility determinations must do so by

12 returning a written request for review to the Claims Administrator by mail with a

13 postmark no later than twenty-one (21) days from the date of the notice of claim

14 ineligibility. Failure to file a timely request for review shall bar a claimant from

15 challenging a determination of ineligibility.

16

26. The Claims Administrator shall resolve the requests for review based on the

17 written requests for review and any other documentation or written information submitted

18 by the claimant, or deemed necessary by the Claims Administrator. The Claims

19 Administrator may seek further written information from the claimant as to the basis of

20 their request and may consider the written arguments of Class Counsel or Defendants.

21

27. The Claims Administrator shall attempt to expeditiously resolve any

22 requests for review within sixty (60) days after the filing of the request for review. The

23 Claims Administrator's decisions shall be communicated to the claimant in writing and

24 shall be binding and non-appealable.

25

OBJECTIONS

26

28. Class Members objecting to the terms of the Agreement must submit them

27 online or postmarked to the Claims Administrator by ________. The written objection

28 must include (1) a detailed statement with specificity of the reasons for the objection; (2)

- 9 -

Case 2:18-cv-00242-DGC Document 34-1 Filed 11/02/18 Page 10 of 11

1 the objecting Class Member’s name, address, and telephone number; (3) the date and

2 location of the Operated Location at which the objecting Class Member stayed; (4) the

3 circumstances (if any) in which the Class Member was contacted by Federal Immigration

4 Authorities and/or placed in removal proceedings; (5) whether the objection applies only

5 to the objector, to a specific subset of the class, or to the entire class; and (6) the objecting

6 Class Member’s signature.

7

29. The Claims Administrator will record the date of receipt of the objection

8 and forward it to both Class Counsel and Defendants within two (2) business days

9 following receipt. The Claims Administrator will also file the original objections with the

10 Clerk of the Court no later than five (5) days prior to the scheduled Final Approval

11 Hearing date. The Claims Administrator shall retain copies of all written objections until

12 such time as it has completed its duties and responsibilities under this Agreement.

13

FINAL HEARING

14

30. A Final Approval Hearing shall be held on ________________ at

15 _______________ for the purpose of determining whether the proposed settlement is fair,

16 reasonable and adequate and should be finally approved by the Court, and for ruling on

17 the Parties’ request that Defendants shall pay to MALDEF $300,000 for litigation-related

18 attorneys’ fees, expenses and costs.

19

31. The Parties shall file with the Court their motion for final settlement

20 approval on a date that is no later than 21 days before the date of the Final Approval

21 Hearing.

22

32. The Parties will file with the Court a reply brief in support of Final

23 Approval that responds to any objections no later than 7 days before the date of the Final

24 Approval Hearing.

25

33. Objectors who intend to appear at the Final Approval Hearing will file with

26 the Court and mail to the Parties a Notice of Intent to Appear that complies with the terms

27 set forth in Exhibit D no later than 7 days prior to the Final Approval Hearing.

28

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Case 2:18-cv-00242-DGC Document 34-1 Filed 11/02/18 Page 11 of 11

1

34. The Court reserves the right to adjourn or to continue the Final Approval

2 Hearing, or any further adjournment or continuance thereof, without further notice other

3 than announcement at the Final Approval Hearing or at any adjournment or continuance

4 thereof; and to approve the settlement with modifications, if any, consented to by Class

5 Counsel and Defendants without further notice.

6

35. All pretrial proceedings and deadlines in this lawsuit are stayed and

7 suspended until further order of this Court.

8

DATED this ____ day of ______________, 2018.

9

______________________________________

10

David G. Campbell, United States District Judge

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

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 Case 2:18-cv-00242-DGC Document 87 Filed 02/18/20 Page 1 of 51

1

2

3

4

5

6

IN THE UNITED STATES DISTRICT COURT

7

FOR THE DISTRICT OF ARIZONA

8

9 Jane V.; John A.; John E.; Jane F.; John D.; John M.; Jane N.; and John W.;
10 individually and on behalf of all others similarly situated,
11
Plaintiffs, 12
v. 13
Motel 6 Operating L.P., a limited 14 partnership; G6 Hospitality LLC, a limited
liability company, dba Motel 6; and Does 15 1-10,

16

Defendants.

17

No. CV18-00242-PHX DGC ORDER

18

Plaintiffs Jane V.; John A.; John E.; Jane F.; John D.; John M.; Jane N.; and John W.

19 and Defendants Motel 6 Operating L.P. and G6 Hospitality LLC (collectively, “the Parties”)

20 have entered into a Third Amended Settlement Agreement, a copy of which is attached as

21 Exhibit A with a copy of the Second Amended Settlement Agreement it revises

22 (collectively, “Agreement”). The Parties have filed a Joint Motion for an Order that will

23 (1) grant final approval of the settlement, (2) certify the Settlement Class, Injunctive Relief

24 Class, and Releasing Class, (3) enter a Consent Decree for injunctive relief, (4) authorize

25 the Claims Administrator to distribute the Settlement Amount in accordance with the

26 Agreement, and (5) authorize the payment of attorneys’ fees and costs (the “Joint Motion”).

27 Doc. 78.

28

The Court has reviewed the Agreement, the Joint Motion and the pleadings, the other

Case 2:18-cv-00242-DGC Document 87 Filed 02/18/20 Page 2 of 51

1 papers on file in this action, and the arguments presented at the Final Approval Hearing on

2 February 7, 2020. The Court will grant the Joint Motion as set forth below.

3 A. Role of the Court.

4

Because this is a settlement of a civil case between private parties, the Court’s role

5 with respect to the settlement is limited. The Court makes no finding that Plaintiffs’ claims

6 are meritorious or that Plaintiffs would prevail if this case were litigated or tried. Nor has

7 the Court examined the merits of Defendants’ defenses to the claims. Thus, to the extent

8 any attorneys or parties may suggest that the Court has ruled in their favor, they are

9 incorrect. To the extent any attorneys or parties may suggest that the Court’s approval of

10 this settlement is intended to send a message or to set a standard for other cases, they are

11 incorrect. The Court has not considered, and does not rule on, the merits of this case.

12

Normally, courts do not review or approve a settlement of a civil case; they simply

13 dismiss the case when the parties have settled and stipulate to dismissal. In this case,

14 however, the Court is required to approve the Agreement because this is a class action under

15 Rule 23 of the Federal Rules of Civil Procedure. Settlement of a class action will bind

16 members of the class who are not present in court and do not participate directly in the

17 proceedings. As a result, Rule 23 requires the Court to review and ensure, among other

18 things, that the case can be certified as a class action under Rule 23(a) and (b); that members

19 of the class have received the best practicable notice of the Agreement; that the Agreement

20 is fair, reasonable, and adequate; that the Agreement treats class members equitably relative

21 to each other; and that the procedures for implementation of the Agreement and distribution

22 of the settlement proceeds are reasonable and fair. See Fed. R. Civ. P. 23(a), (b), (c)(2), (e).

23 The terms of the Agreement are not set by the Court; they were negotiated and agreed to by

24 the parties. The Court’s task is simply to ensure that the requirements of Rule 23 are

25 satisfied.

26 B. Attorney General’s Objection.

27

The Arizona Attorney General has filed an amicus curiae objection to the final class

28 settlement, asserting that too much of the settlement will go to cy pres recipients. Doc. 84.

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Case 2:18-cv-00242-DGC Document 87 Filed 02/18/20 Page 3 of 51

1 Counsel from the Attorney General’s Office also appeared and spoke at the Final Approval

2 hearing. For reasons stated below, the Court concludes that the class settlement should be

3 approved notwithstanding the Attorney General’s concerns.

4

The Attorney General makes this argument:

5

Given the near-complete claims data, the settlement has panned out to send

6

the bulk of the $10 million settlement fund to third-party cy pres recipients,

instead of to class members. This cy-pres-heavy outcome directs funds away

7

from class members, whose claims are being extinguished, and instead sends

8

it to third-party entities unconnected to the alleged harms.

9

* * *

10

There is no reason why the majority of the settlement funds here should be

directed to third-party cy pres recipients when class members are identified

11

and have filed verified claims. The Court should send the parties back to

12

renegotiate the settlement in order to get more of the fund into the hands of

class members.

13

14 Doc. 84 at 4.

15

To address this argument, the Court must consider whether the amounts to be paid

16 to class members under the current settlement are fair, or whether fairness requires that they

17 be increased and the cy pres share decreased. Written notice was sent to more than 70,000

18 class members, and almost 79,000 persons visited the class settlement website. Doc. 85-1

19 at 8. Claims have been submitted by 2,066 individuals. Id. Presently, the claims

20 administrator has approved claims totaling $3,497,521, and is considering another

21 $1,598,525. Id. Thus, the total amount paid to class members could reach $5,096,346.1 In

22 such an event, $3,403,645 will go to the four cy pres recipients. If a lower amount of class

23 claims is ultimately approved, the cy pres component will increase, potentially to an amount

24 in excess of $5,000,000.

25

26

27

1 As counsel noted at the Final Approval Hearing, the claims administrator plans to

interview an additional 11 claims that have been rejected. If some of these are approved,

28 this amount could increase.

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Case 2:18-cv-00242-DGC Document 87 Filed 02/18/20 Page 4 of 51

1

The Attorney General argues that the potential cy pres recoveries are too high when

2 compared to amounts being recovered by class members, and that the Court should require

3 the parties to renegotiate the settlement to increase the class members’ share. But such a

4 result would be warranted only if the Court could conclude that the amounts being received

5 by the class claimants are insufficient – that they do not fully compensate class members

6 for their injuries. The Attorney General has provided no information from which the Court

7 can make that determination.

8

Under the settlement, class members whose personal information was given by

9 Defendants to immigration officers, but who experienced no other adverse consequences,

10 will each receive $75, which the parties identify as the approximate cost of one night’s stay

11 at one of Defendants’ motels. See Doc. 70-1 at 22. The Attorney General suggests that this

12 amount could be increased to $375 through further negotiations (Doc. 84 at 9), but the Court

13 cannot conclude that the injury suffered by these individuals is closer to the Attorney

14 General’s suggested amount than the parties’ number. Counsel for the class members

15 negotiated and agreed to the $75 amount, presumably because they found it to be fair

16 compensation for their clients’ injuries. The injury of have one’s personal information

17 given to law enforcement authorities – with no other adverse consequence – is imprecise

18 and intangible. The Court has no basis for concluding that the amount agreed to by counsel

19 for the class is unfair and should be increased.

20

The settlement agreement also contains a multi-part formula for calculating the

21 amount to be received by class members who encountered immigration authorities as a

22 result of Defendants’ providing personal information to the authorities. The formula

23 includes specific amounts for arrests, detentions, placement in removal proceedings, the

24 involvement of children, legal fees incurred in defending against immigration actions, and

25 out of pocket costs. Id. The claims administrator appears to be applying the formula on an

26 individualized basis, making awards to class members of between $5,075 and $200,000 (the

27 maximum available amount under the settlement agreement). Doc. 85-1 at 10. The

28 Attorney General makes no argument as to why this formula or the amounts being awarded

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Case 2:18-cv-00242-DGC Document 87 Filed 02/18/20 Page 5 of 51

1 under it are incorrect, and no suggestion of how it can be improved. The Court cannot

2 conclude that the amounts to be paid under this formula are insufficient to compensate class

3 members for their losses. Nor can the Court conclude that it should increase the amounts

4 beyond the carefully-negotiated compromise of the parties simply to reduce the amount of

5 the cy pres fund.

6

The Court finds that the cy pres award in this case satisfies the requirements of Ninth

7 Circuit law. The court of appeals has recognized that “a court may employ the cy pres

8 doctrine to put the unclaimed fund to its next best compensation use, e.g., for the aggregate,

9 indirect, prospective benefit of the class.” Nachshin v. AOL, LLC, 663 F.3d 1034, 1038 (9th

10 Cir. 2011) (quotation marks and citations omitted). The court has instructed that district

11 courts should ensure that cy pres funds are used to benefit silent class members. “Not just

12 any worthy recipient can qualify as an appropriate cy pres beneficiary.” Dennis v. Kellogg

13 Co., 697 F.3d 858, 865 (9th Cir. 2012). As a result, a cy pres award must be “guided by (1)

14 the objectives of the underlying [claims] and (2) the interests of the silent class members,”

15 Nachshin, 663 F.3d at 1039, and must not benefit a group “too remote from the plaintiff

16 class,” Six Mexican Workers v. Arizona Citrus Growers, 904 F.2d 1301, 1308 (9th Cir.

17 1990).

18

The cy pres beneficiaries in this case satisfy these requirements. The Parties have

19 agreed that four organizations will receive cy pres distributions: (1) The Florence Immigrant

20 & Refugee Rights Project, (2) The Northwest Immigrant Rights Project, (3) The National

21 Immigrant Justice Center, and (4) TheDream.US. The first two will each receive 35%, and

22 the latter two will each receive 15% of the available cy pres funds. The first three provide

23 direct services to those who must defend their immigration status in the United States. The

24 first two operate in areas where the immigration contacts at issue in this case occurred –

25 Arizona and Washington – and, because class members reside throughout the United States,

26 the Parties have designated the third recipient which provides nationwide services to the

27 same population. The fourth recipient, The Dream.US, is a long-standing advocacy and

28 support group for non-citizens and provides scholarships to non-citizen students pursing

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Case 2:18-cv-00242-DGC Document 87 Filed 02/18/20 Page 6 of 51

1 higher education, which will aid children class members, such as named plaintiff Jane F’s

2 children. Counsel noted during the Final Approval Hearing that many class members have

3 suffered financial hardship as a result of the events in this case and are having difficulty

4 funding the education of their children.

5

The Attorney General does not argue that the Ninth Circuit requirements for cy pres

6 awards have not been met, and no class member has objected. The Court finds that

7 providing cy pres funds to the four designated recipients, in the amounts contained in the

8 Agreement, is consistent with the underlying objectives of the claims in this case, serves

9 the interests of the silent class members, and is not too remote from the class. Nachshin,

10 663 F.3d at 1039; Six Mexican Workers, 904 F.2d at 1308. The correlation may not be

11 perfect, but the Ninth Circuit has stated that “[w]e do not require as part of [the cy pres]

12 doctrine that settling parties select a cy pres recipient that the court or class members would

13 find ideal.” Lane v. Facebook, Inc., 696 F.3d 811, 820-21 (9th Cir. 2012). “[S]uch an

14 intrusion into the private parties’ negotiations would be improper and disruptive to the

15 settlement process.” Id.

16 C. Class Certification and Final Settlement Approval.

17

1. For purposes of the remainder of this Order, the defined terms of the Third

18 Amended Settlement Agreement (Ex. A) shall apply.

19

2. The Court finds that each of the prerequisites of Rule 23(a) is satisfied.

20

a. The class is so numerous that joinder of all members is impractical.

21 The Settlement Class and the Injunctive Relief Class contain over 52,000 members, and

22 more than 2,000 members of the Settlement Class have submitted claims.

23

b. There are questions of law or fact common to the Settlement Class and

24 Injunctive Relief Class. All Settlement Class Members and Injunctive Relief Class

25 Members make similar claims regarding Defendants’ actions, including that they were

26 harmed by Defendants’ alleged policy of disclosing Guest Information to Federal

27 Immigration Authorities and by Defendants’ alleged conspiracy with Federal Immigration

28 Authorities to discriminate against Class Members.

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Case 2:18-cv-00242-DGC Document 87 Filed 02/18/20 Page 7 of 51

1

c. The claims of the representative parties are typical of the claims of the

2 classes. Six of the eight Plaintiffs (Jane V.; John A.; John E.; John D.; John M.; and

3 John W.) had their own Guest Information disclosed, and thus qualify as Settlement Class

4 Members and Injunctive Relief Class Members based on their claims. The remaining two

5 Plaintiffs (Jane F. and Jane N.) were not Registered Guests, but endured an encounter with

6 Federal Immigration Authorities as a result of the disclosure of Guest Information and thus

7 qualify as Settlement Class Members based on their claims.

8

d. The representative parties have fairly and adequately protected the

9 interests of the classes. Plaintiffs do not appear to have interests that conflict with the

10 proposed Settlement Class and Injunctive Relief Class. Six of the Settlement Class

11 Representatives—who also are Injunctive Class Representatives – were Registered Guests

12 at a Motel 6 Location in the United States during the Class Period whose Guest Information

13 was provided to Federal Immigration Authorities. The remaining two Settlement Class

14 Representatives were Guests who were not Registered Guests, but were questioned,

15 interrogated, detained, and/or placed in immigration removal proceedings by Federal

16 Immigration Authorities as a result of a Motel 6 Location’s disclosure of Guest Information

17 to Federal Immigration Authorities.

18

e. Class Counsel satisfy the adequacy requirement, as evidenced by their

19 thorough investigation of this case, their detailed Complaint and Amended Complaint, and

20 their extensive work in negotiating the proposed Agreement. Class Counsel have

21 experience and past success in bringing class action claims.

22

3. For purposes of monetary relief under Federal Rule of Civil Procedure

23 23(b)(3), the Settlement Class represented by Plaintiffs is defined as follows: All persons

24 who were Guests at a Motel 6 Location in the United States during the Class Period, and as

25 a result of a Registered Guest’s Information having been provided to Federal Immigration

26 Authorities by a Motel 6 Location, suffered a privacy violation and/or were questioned,

27 interrogated, detained, and/or placed in immigration removal proceedings by Federal

28 Immigration Authorities, except those who have filed a timely request to opt-out of the

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Case 2:18-cv-00242-DGC Document 87 Filed 02/18/20 Page 8 of 51

1 Settlement Class.2 The Court finds that this class is properly certified under Rule 23(b)(3)

2 because common issues will predominate over individual issues and the class method of

3 pursing Plaintiffs’ claims is superior to other possible methods.

4

4. For purposes of equitable relief under Federal Rule of Civil Procedure

5 23(b)(2), the Injunctive Relief Class represented by six of the Plaintiffs is defined as

6 follows: All persons who were Guests at a Motel 6 Location in the United States during

7 the Class Period, and whose Guest Information was provided to Federal Immigration

8 Authorities by a Motel 6 Location in the United States. The Court finds that the class is

9 properly certified under Rule 23(b)(2) because Defendants have acted on grounds that apply

10 generally to the class, so that final injunctive relief or corresponding declaratory relief is

11 appropriate respecting the class as a whole.

12

5. The Court certifies the Settlement and Injunctive Relief Classes for purposes

13 of judgment.

14

6. The Court also certifies the Releasing Class, which includes the Settlement

15 Class and the Injunctive Relief Class as defined above. Excluded from the Releasing Class

16 are the Motel 6 Entities and all federal governmental entities and personnel, including

17 Federal Immigration Authorities.

18

7. Jane V.; John A.; John E.; John D.; John M.; and John W. are designated as

19 class representatives of the Settlement Class, the Injunctive Relief Class, and the Releasing

20 Class. Jane F. and Jane N. are also designated as class representatives of the Settlement

21 Class and Releasing Class.

22

8. The notice provided to all Settlement Class Members constitutes due,

23 adequate, and sufficient notice, is the best practicable notice, and was reasonably calculated

24 to apprise members of the Settlement Class of the pendency of this action and their right to

25

26 2 This class definition is modified from the definition in the Second Amended
27 Settlement Agreement which received preliminary approval. The Court agrees with the parties that the modified definition does not disadvantage any class member and eliminates
28 potential numerosity issues with the class formerly designated as Class 2.

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Case 2:18-cv-00242-DGC Document 87 Filed 02/18/20 Page 9 of 51

1 object to the Agreement, and to apprise members of the Settlement Class of their right to

2 exclude themselves from the Settlement Class.

3

9. No Settlement Class Member has objected to the settlement and no Settlement

4 Class Member has requested to opt-out of the settlement.

5

10. For purposes of Final Approval and as required by Rule 23(e), the Court finds

6 as follows:

7

a. The Class Representatives and Class Counsel have adequately

8 represented the Settlement Class and Injunctive Relief Class. Plaintiffs do not appear to

9 have interests that conflict with the Settlement Class and Injunctive Relief Class. The Class

10 Representatives allege that they were Guests at a Motel 6 Location in the United States

11 during the Class Period, and as a result of a Registered Guest’s Information having been

12 provided to Federal Immigration Authorities by a Motel 6 Location, suffered a privacy

13 violation and/or were questioned, interrogated, detained, and/or placed in immigration

14 removal proceedings by Federal Immigration Authorities. Class Counsel have adequately

15 represented the Settlement Class, as evidenced by their thorough investigation of this case,

16 their detailed Complaint and Amended Complaint, and their extensive work in negotiating

17 the proposed Agreement. Class Counsel have numerous years of experience, and

18 demonstrated success, in bringing class action claims.

19

b. The Parties avow that their negotiations were vigorous and contested,

20 with both Parties represented by experienced counsel. The Parties engaged in a series of

21 informal, arm’s-length discussions over a period of months before enlisting the services of

22 an independent, professional mediator. A full-day mediation resulted in a tentative

23 settlement agreement, and the complaint and Agreement were substantially revised after a

24 second full-day mediation. These lengthy negotiations before a third party demonstrate that

25 the settlement was not collusive. The Agreement does not give preferential treatment to the

26 Class Representatives.

27

c. The relief provided to the classes is adequate. Counsel for the Parties

28 have avowed that they assessed the strengths and weaknesses of Plaintiffs’ claims and, with

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Case 2:18-cv-00242-DGC Document 87 Filed 02/18/20 Page 10 of 51

1 the assistance of a sophisticated mediator, arrived at an agreement that delivers substantial

2 value to Class Members.

3

d. The Parties can distribute relief effectively through the Claims

4 Administrator. For each submitted claim form, the Claims Administrator has collected

5 contact information for the claimant, including a mailing address, email address, and

6 telephone number. Awards will be distributed by mail to the address submitted on the claim

7 form. The Claims Administrator calculated the amount to be paid. Thus, the Claims

8 Administrator has the information it needs to be able to effectively and accurately distribute

9 relief to the claimants.

10

e. The terms of the attorneys’ fees award, including the timing of

11 payment, weigh in favor of final approval. The Parties have agreed that Class Counsel are

12 entitled to $500,000—about 5% of the total settlement amount (not including fees and costs

13 that Defendants have agreed to bear).

14

f. The Agreement treats Class Members equitably relative to each other.

15 All members of the Settlement Class are entitled under the Agreement to be compensated

16 for their harm, and the variation in awards will be based on specific, objective criteria set

17 forth in the Agreement. Class Members also will benefit from the injunctive relief

18 contained in the Agreement.

19

11. The Court finds that the distribution of unclaimed amounts as set forth in the

20 Agreement is appropriate and should be approved for reasons explained above. The Court

21 approves distribution of the Cy Pres Fund to Florence Immigrant & Refugee Rights Project,

22 Northwest Immigrant Rights Project, National Immigration Justice Center, and

23 TheDream.US in accordance with Section XII.B. of the Agreement. The precise amounts

24 to be paid to the cy pres recipients shall be determined and paid by the Claims Administrator

25 not later than 30 days after the last payment to a Class Member as set forth in Section

26 XII.B.3. of the Agreement.

27

12. The proposed reversion payment to Defendants is also reasonable and

28 appropriate and shall be paid. Because the reversion amount ($1,500,000) is not needed to

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Case 2:18-cv-00242-DGC Document 87 Filed 02/18/20 Page 11 of 51

1 make any payments due under the Agreement, Defendants are not obligated to fund that

2 portion of the Settlement Amount, and may instead retain it as the reversion amount that

3 otherwise would be due them.

4

13. The Court shall enter a Consent Decree substantially in the form submitted

5 by the Parties and will govern the implementation of the injunctive relief as set forth in

6 Section VI of the Agreement.

7

14. The Claims Administrator shall send to all ineligible claimants written notice

8 of their ineligibility for monetary damages no later than March 30, 2020 and shall comply

9 fully with applicable provisions of Sections XII.M.-O. of the Agreement.

10

15. The Claims Administrator shall distribute the monetary damages to Class

11 Members via first class mail, as set forth in Section XII.Q. of the Agreement, as soon as

12 practicable after Final Approval.

13

16. The Claims Administrator shall furnish an accounting of all distributions from

14 the Settlement Account to the Court with copies to Class Counsel and Defendants within

15 30 days of the distribution of the monies from the Settlement Account.

16

17. The Court finds that the Class Counsel Payment is fair, reasonable and

17 appropriate. Accordingly, the Court approves payment of $500,000 for attorneys’ fees,

18 payable to MALDEF within 14 days following the Effective Approval. Once the Claims

19 Administrator releases the Class Counsel Payment to MALDEF from funds deposited by

20 Defendants, MALDEF shall have sole responsibility to distribute a portion of the Class

21 Counsel Payment to other Class Counsel, and no Class Counsel may assert any claim for

22 such payments from Defendants.

23

18. The Parties, Class Members, and Injunctive Relief Class Members shall be

24 bound by the Agreement and shall have recourse exclusively to the benefits, rights, and

25 remedies provided in the Agreement. No other action, demand, suit, or other claim may be

26 pursued by the Class Members or Injunctive Relief Class Members against the Motel 6

27 Entities with respect to the Released Claims.

28

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Case 2:18-cv-00242-DGC Document 87 Filed 02/18/20 Page 12 of 51

1

19. The Motel 6 Entities are fully released and forever discharged from any and

2 all individual and/or class-wide claims, demands, charges, complaints, rights and claims of

3 any kind by the Releasors and the Releasor’s estates that arise out of or relate to conduct

4 within the Class Period concerning the provision of Guest Information to Federal

5 Immigration Authorities by a Motel 6 Location, including, but not limited to, any conduct

6 alleged and claim asserted in this action, or that could have been asserted or alleged in this

7 action, and arising out of the facts alleged in this action (including, but not limited to alleged

8 race and national-origin discrimination, consumer protection violations, privacy violations,

9 constitutional claims, contract or tort claims and any other federal, state, or local law claims)

10 (collectively “Released Claims”). Releasors and their estates shall not seek to establish

11 liability against any Motel 6 Entity based, in whole or in part, upon any of the Released

12 Claims or any conduct at issue in the Released Claims. This Release is final and shall

13 survive the expiration of the Agreement’s terms.

14

20. Releasors and the Releasor’s estates shall be deemed to have, with respect to

15 the Released Claims, expressly waived the benefits of any statutory provisions or common

16 law rule that provides, in substance, that a general release does not extend to claims that the

17 party does not know or suspect to exist in its favor at the time of executing the release,

18 which if known by it, would have materially affected its settlement with any other party. In

19 particular, but without limitation, Releasors and Releasor’s Estates waive the provisions of

20 California Civil Code § 1542 (or any like or similar statute or common law doctrine) and

21 do so understanding the significance of that waiver. California Civil Code §1542 provides:

22

A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE

23

CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT

24

TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING

25

THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD

26

HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH

27

THE DEBTOR OR RELEASED PARTY.

28

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Case 2:18-cv-00242-DGC Document 87 Filed 02/18/20 Page 13 of 51

1

21. The parties’ joint motion granting final approval of amended class action

2 settlement (Doc. 78) is granted.

3

22. The Court retains jurisdiction with respect to all matters arising from or

4 related to the implementation of the Agreement, this Order, and the Consent Decree.

5

23. The Court will separately enter a Judgment and Dismissal of this Action with

6 prejudice consistent with the terms of this Order.

7

IT IS SO ORDERED.

8

Dated this 18th day of February, 2020.

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

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Case 2:18-cv-00242-DGC Document 87 Filed 02/18/20 Page 14 of 51

1

2

3

4

5

6

7

8 IN THE UNITED STATES DISTRICT COURT
9 FOR THE DISTRICT OF ARIZONA
10

11
Jane V.; John A.; John E.; Jane F.; John D.; 12 John M.; Jane N.; and John W.;
individually and on behalf of all others 13 similarly situated,

14

Plaintiffs,

No. 2:18-cv-00242-DGC
THIRD AMENDED SETTLEMENT AGREEMENT

15

v.

16 Motel 6 Operating L.P., a limited partnership; G6 Hospitality LLC, a limited
17 liability company, dba Motel 6; and Does 1-10,
18
Defendants. 19

20

21

22

23

24

25

26

27

28

Case 2:18-cv-00242-DGC Document 87 Filed 02/18/20 Page 15 of 51

1

This Third Amended Settlement Agreement incorporates all provisions of the

2 Second Amended Settlement Agreement and Addendum, except as noted below.

3

1. Section III.E defining “Class 2” is deleted.

4

2. Section III.F defining “Class 2 Members” is deleted.

5

3. Section III.DD defining “Primary Class” is deleted.

6

4. Section III.EE defining “Primary Class” Members” is deleted.

7

5. Revise Section III.HH as follows: “‘Releasing Class’ means the Settlement

8 Class and Injunctive Relief Class, collectively.”

9

6. Revise Section III.JJ as follows: “‘Settlement Class’ means all persons who

10 were Guests at a Motel 6 Location in the United States during the Class Period, and as a

11 result of a Registered Guest’s Information having been provided to Federal Immigration

12 Authorities by a Motel 6 Location, suffered a privacy violation and/or were questioned,

13 interrogated, detained, and/or placed in immigration removal proceedings by Federal

14 Immigration Authorities, except those who have filed a timely request to opt-out of the

15 Settlement Class.”

16

7. Replace Section VII.A.1.-2 by eliminating references to “Primary Class”

17 and Class 2,” with Section VII.A that shall read as follows: “For purposes of the

18 monetary damages provided in this Agreement, the Parties shall request that the Court

19 conditionally certify a ‘Settlement Class’ under Federal Rule of Civil Procedure 23(b)(3)

20 defined as: All persons who were Guests at a Motel 6 Location in the United States

21 during the Class Period, and as a result of a Registered Guest’s Information having been

22 provided to Federal Immigration Authorities by a Motel 6 Location, suffered a privacy

23 violation and/or were questioned, interrogated, detained, and/or placed in immigration

24 removal proceedings by Federal Immigration Authorities, except those who have filed a

25 timely request to opt-out of the Settlement Class.”

26

8. Replace Section XII.1-2 by eliminating references to “Primary Class” and Class 2,”

27 with Section X.A that shall read as follows: “The Claims Administrator shall determine

28 that a claimant is a member of the Settlement Class if it can reasonably be determined from

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Case 2:18-cv-00242-DGC Document 87 Filed 02/18/20 Page 16 of 51

Case 2:18-cv-00242-DGC Document 87 Filed 02/18/20 Page 17 of 51

1

SECOND AMENDED SETTLEMENT AGREEMENT

2 I. INTRODUCTION

3

This Settlement Agreement (“Agreement”) is entered into by Defendants Motel 6

4 Operating L.P. and G6 Hospitality LLC, doing business as Motel 6 (“Defendants”), and

5 John A., John D., John E., Jane F., John M., Jane N., Jane V., and John W. (“Plaintiffs”),

6 proceeding pseudonymously and as Class Representatives, for the purpose of resolving

7 the Action between them (collectively, Plaintiffs and Defendants shall be referred to as

8 the “Parties”). This Agreement has been reached as a result of good faith negotiation

9 supervised by a professional mediator.

10 II. PURPOSES OF SETTLEMENT

11

The Parties have entered into this Agreement for the following purposes:

12

A. To resolve all disputes covered by the litigation in such a way as to avoid

13 further expense and protracted disputes between the Parties.

14

B. To create an efficient procedure for implementing equitable relief and

15 monetary damages under the terms of this Agreement; and

16

C. To finally resolve all claims and defenses asserted in the Action.

17 III. DEFINITIONS

18

A. “Action” means Jane V., et al v. Motel 6 Operating L.P., et al., D. Ariz.

19 (Case No. 2:18-cv-00242-DGC).

20

B. “Best Efforts” means commercially reasonable efforts designed to comply

21 with the specific objectives to which the efforts are directed.

22

C. “Centro de los Derechos del Migrante, Inc.” or “CDM” means the

23 organization that will assist the Claims Administrator to conduct class notice in Mexico

24 and Latin America pursuant to a contract between CDM, the Claims Administrator,

25 Mexican American Legal Defense and Educational Fund (“MALDEF”), and G6

26 Hospitality LLC (“G6”).

27

D. “Claims Administrator” means Arden Claims Service in Port Washington,

28 New York, or any successor(s) agreed to by the parties to this Agreement.

29

E. “Class 2” means the definition set forth in Section VII.A.1.b.

Case 2:18-cv-00242-DGC Document 87 Filed 02/18/20 Page 18 of 51

1

F. “Class 2 Members” means the definition set forth in Section VII.A.1.b.

2

G. “Class Counsel” means MALDEF and the Ortega Law Firm.

3

H. “Class Members” means each and every member of the Settlement Class.

4

I. “Class Period” means the period from February 1, 2015 through June 28,

5 2019.

6

J. “Class Representatives” or “Plaintiffs” means John A., John D., John E.,

7 Jane F., John M., Jane N., Jane V., and John W., proceeding pseudonymously.

8

K. “Court” means the United States District Court for the District of Arizona.

9

L. “Defendants” means Motel 6 Operating L.P. and G6 Hospitality LLC,

10 doing business as Motel 6.

11

M. “Effective Approval” means the entry of an order approving this

12 Agreement on the Final Approval Date by the Court and either: (1) the expiration of the

13 time for filing a direct appeal from the Court’s approval of the Agreement, or (2) if a

14 timely direct appeal is filed, the final resolution of the appeal (including any requests for

15 rehearing and/or petitions for writ of certiorari), resulting in final judicial approval of the

16 Agreement.

17

N. “Federal Immigration Authorities” means the following: United States

18 Department of Homeland Security Immigration and Customs Enforcement, Customs and

19 Border Patrol, Homeland Security Investigations, their officers or employees, and any

20 other employee of the Department of Homeland Security whose primary responsibility is

21 enforcement of federal immigration laws.

22

O. “Final Approval Date” means the date the Court approves this Agreement

23 and after there has been: (a) notice to the Settlement Class and the Injunctive Relief

24 Class; (b) opportunity to opt-out of the Settlement Class with respect to monetary

25 damages; (c) opportunity to submit a timely objection to the Agreement; (d) appropriate

26 discovery regarding any such timely objections; and (e) the Final Approval Hearing.

27

P. “Final Approval Hearing” means the hearing at which the Court considers

28 the fairness of and whether to approve this Agreement and after there has been: (a) notice

29 to the Settlement Class and the Injunctive Relief Class; (b) opportunity to opt-out of the

2

Case 2:18-cv-00242-DGC Document 87 Filed 02/18/20 Page 19 of 51

1 Settlement Class with respect to monetary damages; (c) opportunity to submit a timely

2 objection to the Agreement; and (d) appropriate discovery regarding any such timely

3 objections.

4

Q. “Final Approval Order” means the order the Court enters approving the

5 Agreement after having conducted the Final Approval Hearing.

6

R. “Franchised Location” means any lodging facility in the United States

7 operated under the “Motel 6” brand name by a third party under a franchise agreement

8 with Defendants and their respective affiliates.

9

S. “Guest” means any Registered Guest, as defined herein, or other person

10 occupying a guestroom in any Motel 6 Location.

11

T. “Guest Information” means the name, address, and/or other registration

12 information provided to a Motel 6 Location by a Registered Guest or Guest at the time of

13 check-in.

14

U. “Guest List” means computer-generated Motel 6 guest lists and the Guest

15 Information contained on them.

16

V. “Incident Report” means documentation of Guest Lists or other Guest

17 Information disclosed by a Motel 6 Location to Federal Immigration Authorities created

18 electronically at Operated Locations.

19

W. “Injunctive Relief Class” means the definition set forth in Section VII.B.

20

X. “Injunctive Relief Class Members” means the definition set forth in Section

21 VII.B.

22

Y. “Motel 6 Entities” means Defendants and each of their past and present

23 employees, parents, subsidiaries, affiliates, officers, directors, agents, managers, owners,

24 insurers, successors, and assigns and those in active concert or participation with them, or

25 any of them.

26

Z. “Motel 6 Location” means any Motel 6 branded lodging facility in the

27 United States, including Operated Locations and Franchised Locations.

28

AA. “Operated Location” means any Motel 6 branded lodging facility in the

29 United States operated by Defendants.

3

Case 2:18-cv-00242-DGC Document 87 Filed 02/18/20 Page 20 of 51

1

BB. “Preliminary Approval Date” means the date upon which the Court enters

2 an order preliminarily approving this Agreement, pending notice and opportunity to opt-

3 out of the Settlement Class with respect to monetary damages or submit objections to the

4 Agreement, and a fairness hearing.

5

CC. “Preliminary Approval Order” means the order by the Court that

6 preliminarily approves the Agreement, pending notice and opportunity to opt-out of the

7 Settlement Class with respect to monetary damages or, with regard to the Settlement

8 Class and the Injunctive Relief Class, to submit objections to the Agreement, and a

9 fairness hearing.

10

DD. “Primary Class” means the definition set forth in Section VII.A.1.a.

11

EE. “Primary Class Members” means the definition set forth in Section

12 VII.A.1.a.

13

FF. “Registered Guest” means any person who provided his or her Guest

14 Information to a Motel 6 Location at the time of check-in and whose information was

15 stored in Motel 6’s guest registration system.

16

GG. “Release” means the release of claims as set forth in Section VIII of the

17 Agreement.

18

HH. “Releasing Class” means the Primary Class, Class 2 and the Injunctive

19 Relief Class, collectively.

20

II. “Settlement Administrator” means Martin F. Scheinman, Esq. or any

21 successor(s) agreed to by the parties to this Agreement.

22

JJ. “Settlement Class” means the Primary Class and Class 2, collectively.

23

KK. “Washington Action” means the action styled State of Washington v. Motel

24 6 Operating, L.P. et al., No. 18-2-00283-4 SEA in the Superior Court of the State of

25 Washington, King County.

26

LL. “Washington Settlement” means the agreement to settle the action styled

27 State of Washington v. Motel 6 Operating, L.P. et al., No. 18-2-00283-4 SEA in the

28 Superior Court of the State of Washington, King County, as set forth in the Consent

29 Decree entered in that action on April 26, 2019.

4

Case 2:18-cv-00242-DGC Document 87 Filed 02/18/20 Page 21 of 51

1 IV. LITIGATION BACKGROUND

2

A. On January, 24, 2018, eight Plaintiffs filed a class-action complaint in the

3 United States District Court for the District of Arizona. Plaintiffs allege that Defendants

4 employed a corporate policy and/or practice to provide Guest Information to agents of

5 Immigration and Customs Enforcement (“ICE”) and/or other Federal Immigration

6 Authorities. Plaintiffs challenge Defendants’ alleged policy and/or practice as

7 unauthorized disclosures of private information and as discriminatory, unconstitutional, a

8 violation of state laws protecting consumers, and a violation of Defendants’ privacy

9 policy.

10

B. On May 8, 2018, Defendants filed an answer and defenses to the class

11 action complaint and denied any wrongdoing or violation of the law.

12

C. On June 15, 2018, the Parties engaged in a day-long mediation before

13 Martin F. Scheinman, Esq., a professional mediator. The mediation resulted in a tentative

14 settlement.

15

D. On July 6, 2018, the Parties filed a joint certification with the Court that

16 indicated that the Parties agreed to a tentative settlement that would resolve the

17 Plaintiffs’, Class Members’, and Injunctive Relief Class Members’ claims against

18 Defendants.

19

E. On November 2, 2018, the Parties filed a Joint Motion for Preliminary

20 Approval of Class Action Settlement (the “Joint Motion”) with the Court.

21

F. On January 29, 2019, the Parties appeared before the Court for a hearing on

22 the Joint Motion, at which time the Court expressed certain questions and concerns, and

23 allowed the Parties an additional period of time to address those questions and concerns

24 in a new motion to be filed in support of the settlement agreement.

25

G. On April 3, 2019, the Parties engaged in an additional day-long mediation

26 before Mr. Scheinman, which resulted in certain agreed upon changes to the complaint

27 and settlement.

5

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1

H. On June 5, 2019, Plaintiffs filed, with Defendants’ consent, an Amended

2 Class Action Complaint for Declaratory and Injunctive Relief (the “Amended

3 Complaint”).

4 V. JURISDICTION

5

The Parties stipulate that: (i) the Court has jurisdiction over the Parties and

6 subject matter of the Action; (ii) if the claims asserted in the Action were proven, the

7 Court would have the authority to grant the equitable relief and monetary damages set

8 forth in this Agreement; (iii) venue is proper in the United States District Court for the

9 District of Arizona; and (iv) the Court may retain jurisdiction of the Action during the

10 duration of the Agreement solely for the purposes of entering all orders that may be

11 necessary to implement the relief provided.

12 VI. CONSENT DECREE, EFFECTIVE DATES AND DURATION OF

13

EQUITABLE PROVISIONS

14

A. Effective Dates and Duration

15

Unless otherwise provided, the equitable provisions addressed in Sections X and

16 XI in this Agreement are effective immediately upon the Final Approval Date and shall

17 remain in effect for three years (36 months) from that date.

18

B. Consent Decree

19

In addition to the Final Approval Order, the Parties shall request in connection

20 with the Final Approval Hearing that the Court enter a consent decree containing

21 Sections V, VI, X, and XI of this Agreement, or substantively identical provisions. The

22 consent decree shall be operative for the term set forth in Section VI.A of this

23 Agreement. The consent decree shall also contain a provision terminating it

24 automatically on the election of either Party under Section IX.F of this Agreement.

25 VII. SETTLEMENT CLASSES

26

A. Monetary Damages

27

1. For purposes of the monetary damages provided in this Agreement,

28 the Parties shall request that the Court conditionally certify a “Primary Class” and “Class

6

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1 2” under Federal Rule of Civil Procedure 23(b)(3) as further defined in sections

2 VII.A.1.a.-b below.

3

a. A Primary Class, consisting of all persons who were

4 Registered Guests at a Motel 6 Location in the United States during the Class Period, and

5 whose Guest Information was provided to Federal Immigration Authorities by a Motel 6

6 Location in the United States, each of whom shall be a “Primary Class Member,” except

7 those who file a timely request to opt-out of the Settlement Class.

8

b. Class 2, consisting of all Guests at a Motel 6 Location in the

9 United States during the Class Period who were not Registered Guests, and were

10 questioned, interrogated, detained, and/or placed in immigration removal proceedings by

11 Federal Immigration Authorities as a result of a Motel 6 Location’s disclosure of Guest

12 Information to Federal Immigration Authorities, each of whom shall be a “Class 2

13 Member,” except those who file a timely request to opt-out of the Settlement Class.

14

B. Equitable Relief

15

For purposes of the equitable relief provided in this Agreement, the Parties shall

16 request that the Court certify an Injunctive Relief Class under Federal Rule of Civil

17 Procedure Rule 23(b)(2), defined as all persons who were Guests at a Motel 6 Location in

18 the United States during the Class Period, and whose Guest Information was provided to

19 Federal Immigration Authorities by a Motel 6 Location in the United States, each of

20 whom shall be an “Injunctive Relief Class Member.”

21

C. Exclusions

22

Excluded from the Releasing Class are the Motel 6 Entities and all federal

23 governmental entities and personnel, including Federal Immigration Authorities.

24 VIII. RELEASE OF CLAIMS

25

A. Binding and Exclusive Nature of Settlement Agreement

26

Upon Effective Approval of the Settlement, the Parties, Class Members, and

27 Injunctive Relief Class Members shall be bound by this Agreement and shall have

28 recourse exclusively to the benefits, rights, and remedies provided in this Agreement. No

29 other action, demand, suit, or other claim may be pursued by the Class Members or

7

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1 Injunctive Relief Class Members against the Motel 6 Entities with respect to the Released

2 Claims.

3

B. Release of Claims by the Releasing Class

4

Upon Effective Approval of the settlement, the Motel 6 Entities shall be fully

5 released and forever discharged from any and all individual and/or class-wide claims,

6 demands, charges, complaints, rights and causes of action of any kind by the Class

7 Representatives, Plaintiffs, the Releasing Class, each member of the Releasing Class

8 (hereafter collectively “Releasors”), and the Releasor’s estates (whether or not any

9 Releasor or Releasor’s estate has objected to the settlement or makes a claim for

10 monetary damages described in Section XII) that arise out of or relate to conduct within

11 the Class Period concerning the provision of Guest Information to Federal Immigration

12 Authorities by a Motel 6 Location, including, but not limited to, any conduct alleged and

13 cause of action asserted in this action, or that could have been asserted or alleged in this

14 action, and arising out of the facts alleged in this action (including, but not limited to

15 alleged race and national-origin discrimination, consumer protection violations, privacy

16 violations, constitutional claims, contract or tort claims and any other federal, state, or

17 local law claims) (collectively “Released Claims”). Releasors and their estates shall not,

18 after Effective Approval of this Agreement, seek to establish liability against any Motel 6

19 Entity based, in whole or in part, upon any of the Released Claims or any conduct at issue

20 in the Released Claims. This Release is final and shall survive the expiration of the

21 Agreement’s terms.

22

C. Waiver of Unknown Claims

23

On Effective Approval, Releasors and the Releasor’s estates shall be deemed to

24 have, and by operation of this Agreement shall have, with respect to the Released Claims,

25 expressly waived the benefits of any statutory provisions or common law rule that

26 provides, in substance, that a general release does not extend to claims that the party does

27 not know or suspect to exist in its favor at the time of executing the release, which if

28 known by it, would have materially affected its settlement with any other party. In

29 particular, but without limitation, Releasors and Releasor’s Estates waive the provisions

8

Case 2:18-cv-00242-DGC Document 87 Filed 02/18/20 Page 25 of 51

1 of California Civil Code § 1542 (or any like or similar statute or common law doctrine),

2 and do so understanding the significance of that waiver. California Civil Code §1542

3 provides:

4

A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE

5

CREDITOR OR RELEASING PARTY DOES NOT KNOW OR

6

SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF

7

EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR

8

HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER

9

SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.

10

D. No Bar to Future Claims

11

Nothing in this Agreement shall be construed to bar any claims of any Releasor

12 that arise after Effective Approval.

13

E. Assumption of Risk

14

In entering into this Agreement, the Parties assume the risk of any mistake of fact

15 or law. If either Party should later discover that any fact that the Party relied upon in

16 entering into this Agreement is not true, or that the Party’s understanding of the facts or

17 law was incorrect, the Party shall not be entitled to modify, reform, or set aside this

18 Agreement, in whole or in part, as a result.

19

F. No Collateral Attack

20

This Agreement shall not be subject to collateral attack by any Releasor at any

21 time after Effective Approval.

22 IX. COURT APPROVAL OF SETTLEMENT

23

A. Preliminary Approval

24

As soon as practicable after the execution of this Agreement, and no later than

25 June 28, 2019, the Parties shall apply for entry of the Preliminary Approval Order. The

26 Preliminary Approval Order shall include provisions: (a) preliminarily approving this

27 Settlement and finding this Settlement sufficiently fair, reasonable and adequate to allow

28 Notice to be disseminated to the Settlement Class and the Injunctive Relief Class; (b)

29 approving the form, content, and manner of the Notice; (c) setting a schedule for

9

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1 proceedings with respect to Final Approval of this Settlement; and (d) staying the Action,

2 other than such proceedings as are related to this Settlement.

3

B. CAFA Notice

4

Within ten (10) days of the lodging of this Agreement and the motion for

5 preliminary approval of the Settlement, Defendants shall provide an amended CAFA

6 notice as required under 28 U.S.C. § 1715. CAFA notice shall be provided to the

7 Attorney General of the United States and the Attorneys General of each state in which

8 Class Members and Injunctive Relief Class Members reside. CAFA notice shall be

9 mailed, can be in an electronic or disk format, and shall include to the extent then

10 available and feasible: (1) the Amended Complaint in the Action; (2) the motion for

11 preliminary approval of the Agreement, which shall include the proposed Final Approval

12 Hearing date and shall confirm that there are no additional agreements among the Parties

13 not reflected in the Settlement; (3) the proposed forms of Notice; (4) this Agreement; and

14 (5) a reasonable estimate of the numbers of Class Members and Injunctive Relief Class

15 Members residing in each state and the estimated proportionate share of the claims of

16 such members to the entire settlement. The Parties agree that this CAFA notice shall be

17 sufficient to satisfy the terms of 28 U.S.C. § 1715.

18

C. Objections to Settlement

19

Any Class Member or Injunctive Relief Class Member wishing to object or to

20 oppose the approval of this Agreement shall object in writing in the manner set forth in

21 Section XII.I.1.

22

D. Motion for Final Approval and Response to Objections

23

The Parties shall file with the Court their motion for final settlement approval on a

24 date that is no later than twenty-one (21) days before the date of the Final Approval

25 Hearing. The Parties will file with the Court a reply brief in support of Final Approval

26 that, e.g., responds to any objections filed no later than seven (7) days before the date of

27 the Final Approval Hearing.

10

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1

E. Final Approval Hearing

2

The Parties shall request that the Court, on the date set forth in the Preliminary

3 Approval Order or on such other date that the Court may set (but not earlier than 150

4 days from the date of entry of the Preliminary Approval Order), conduct a Final Approval

5 Hearing to: (a) determine whether to grant Final Approval to this Agreement; and

6 (b) consider any timely objections to this settlement and the Parties’ responses to such

7 objections. At the Final Approval Hearing, the Parties shall ask the Court to give Final

8 Approval to this Agreement. If the Court grants Final Approval to this Agreement, the

9 Parties shall ask the Court to enter a Final Approval Order that approves the Agreement,

10 authorizes entry of a final judgment, and dismisses the action with prejudice.

11

F. Disapproval, Cancellation, Termination, or Nullification of Settlement

12

1. Each Party shall have the right to terminate this Agreement if either:

13 (i) the Court declines to grant Preliminary Approval or Final Approval to this Agreement

14 without material modification of the Agreement; or (ii) a higher court reverses Final

15 Approval by the Court, and the Court thereafter declines to enter a further order or orders

16 approving Agreement on the terms set forth here. If a Party elects to terminate this

17 Agreement under this paragraph, that Party must provide written notice to the other

18 Party’s counsel and the Court within thirty (30) days of the occurrence of the condition

19 permitting termination.

20

2. If this Agreement is terminated under Section IX.F.1, then: (i) this

21 Agreement shall be rendered null and void; (ii) this Agreement and all negotiations and

22 proceedings relating to it shall be of no force or effect, and without prejudice to the rights

23 of the Parties; (iii) all Parties shall be deemed to have reverted to their respective status in

24 the Action as of the date and time immediately preceding the execution of this

25 Agreement; and (iv) except as otherwise expressly provided, the Parties shall stand in the

26 same position and shall proceed in all respects as if this Agreement and any related orders

27 had never been executed, entered into, or filed.

11

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1 X. GENERAL EQUITABLE PROVISIONS

2

A. General Injunctive Provisions

3

1. Effective immediately upon the Final Approval Date and for three

4 years (36 months) from that date, Defendants shall implement and maintain the following

5 policies and internal procedures (“the Policy”):

6

a. Defendants shall establish and maintain a 24-Hour Hotline to

7 assist employees at Motel 6 Entities when they receive any request for Guest Information

8 from Federal Immigration Authorities.

9

b. Defendants shall respond to requests for information from

10 Federal Immigration Authorities as follows:

11

i.

Defendants shall not share Guest Information with

12 Federal Immigration Authorities without a judicially enforceable warrant or subpoena,

13 except where the Federal Immigration Authority articulates a credible reason to believe

14 that a Guest, employee, or other individual is in imminent danger. For purposes of this

15 subsection, a “credible reason” is a particularized concern related to the safety and well-

16 being of an individual currently on the property.

17

ii.

With respect to all other warrants or subpoenas

18 presented by Federal Immigration Authorities, Defendants shall not share Guest

19 Information with Federal Immigration Authorities until such warrants or subpoenas have

20 been sent to Defendants’ legal department or other individuals designated by Defendants,

21 who will have been trained to comply with this Policy and to address requests from

22 Federal Immigration Authorities, and until such persons authorize the disclosure of Guest

23 Information.

24

iii.

Any of Defendants’ employees with questions about

25 this Policy will be trained to call the 24-Hour Hotline.

26

iv.

Defendants shall establish a brand standard requiring

27 that Franchised Locations adopt and implement the policies and procedures described in

28 Section X.A.1.b.i.-ii.

12

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1

v.

Defendants shall create an online mechanism for any

2 person at a Motel 6 Location to submit a report when he or she believes that Guest

3 Information has been provided to Federal Immigration Authorities or that this Policy has

4 been violated in any manner (a “Compliance Complaint”). Any person who submits a

5 Compliance Complaint may do so anonymously.

6

c. Defendants shall provide the following training:

7

i.

For each Operated Location employee who has the

8 ability to make Guest Information available, training to understand the Policy and their

9 responsibilities with regard to the Policy, including the purpose and procedures regarding

10 Defendants’ 24-Hour Hotline, such as when it is appropriate and necessary to contact

11 Defendants’ 24-Hour Hotline.

12

ii.

The training described in this section may be held in

13 conjunction with other business, at Defendants’ discretion, and may be organized

14 geographically in such fashion as Defendants deem appropriate.

15

B. Dispute Resolution and Enforcement Procedures

16

1. The Parties agree to the appointment of Martin F. Scheinman, Esq.,

17 or any successor(s) agreed to by the Parties to this Agreement, as Settlement

18 Administrator. The Settlement Administrator may be removed at the joint written request

19 of Class Counsel and Defendants, or by order of the Court upon motion of any Party and

20 a showing of good cause that Mr. Scheinman should no longer serve as Settlement

21 Administrator. In the event that Mr. Scheinman becomes unavailable to serve as

22 Settlement Administrator for any reason, the Parties will make a good faith effort to

23 select on a joint basis a new Settlement Administrator. If the Parties are unable to reach

24 agreement as to a successor Settlement Administrator within forty-five (45) days

25 following the date Mr. Scheinman becomes unavailable to serve as Settlement

26 Administrator, the Court shall appoint a successor Settlement Administrator upon motion

27 of Class Counsel or Defendants. Class Counsel or Defendants may nominate persons for

28 consideration as a successor Settlement Administrator to the Court. The Parties shall

13

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1 each have the right to interview any nominated person, and to present argument and

2 evidence to the Court regarding the selection of the successor Settlement Administrator.

3

2. The Settlement Administrator shall have authority to resolve all

4 disputes arising under the Agreement, subject to limitations and standards set forth in the

5 Agreement. The Settlement Administrator in the course of resolving disputes shall have

6 authority to modify the Consent Decree, subject to an appeal by either Party to the Court

7 as provided in Sections X.B.4.-7.

8

3. The Parties shall use Best Efforts to resolve promptly any

9 differences or any disputes regarding the interpretation or implementation of this

10 Agreement.

11

4. Each Party shall have the right to initiate steps to resolve any dispute

12 or issue of compliance regarding any provision of the Agreement subject to limitations

13 and standards set forth in the Agreement.

14

a. If either Party has good reason to believe that a legitimate

15 dispute exists, the initiating Party shall first promptly give written notice to the other

16 Party, including: (a) a reference to all specific provisions of the Agreement that are

17 involved; (b) a statement of the issue; (c) a statement of the remedial action sought by the

18 initiating Party; and (d) a brief statement of the specific facts, circumstances and any

19 other arguments supporting the position of the initiating Party;

20

b. Within thirty (30) days after receiving such notice, the non-

21 initiating Party shall respond in writing to the statement of facts and arguments set forth

22 in the notice and shall provide its written position, including the facts and arguments

23 upon which it relies in support of its position;

24

c. The Parties shall undertake good-faith negotiations, including

25 meeting and conferring by telephone or in person and exchanging relevant documents

26 and/or other information, to attempt to resolve the issues in dispute or of alleged

27 noncompliance;

28

d. The Settlement Administrator, upon motion, may permit a

29 Party to take post-settlement discovery as provided by the Federal Rules of Civil

14

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1 Procedure, but only as to matters relevant to the underlying claim of breach, if the

2 Settlement Administrator determines that the informal exchange of documents or

3 information has not been sufficient to allow the Party to present the dispute upon a

4 factual record adequate for a fair determination of the issue;

5

e. If the Parties’ good-faith efforts to resolve the matter have

6 failed, and after written notice of an impasse by the initiating Party to the non-initiating

7 Party, the initiating Party may file a motion with the Settlement Administrator, with a

8 supporting brief, requesting resolution of the dispute or the issues of non-compliance,

9 provided that such motion shall be limited to the dispute(s) and/or issue(s) as to which the

10 Parties have met and conferred as described here;

11

f. The non-moving Party will have fifteen (15) days to respond

12 to any such motion;

13

g. The Settlement Administrator shall attempt within fifteen (15)

14 days after filing of the final brief to resolve the dispute and may schedule a hearing or

15 other proceeding, including an evidentiary hearing, to resolve the matter; and

16

h. Within thirty (30) days of any hearing, the Settlement

17 Administrator shall issue a written determination, including findings of fact if requested

18 by any Party.

19

5. The provisions of this Section do not prevent any Party from

20 promptly bringing an issue directly before the Court when exigent facts or circumstances

21 require immediate Court action to prevent a serious violation of the terms of this

22 Agreement, which otherwise would be without meaningful remedy. The moving papers

23 shall explain the facts and circumstances that necessitate immediate action by the Court.

24 Absent a showing of exigent facts or circumstances, the Court shall refer the matter to the

25 Settlement Administrator to resolve in accordance with procedures set forth above. If

26 any such matter is brought before the Court requesting immediate action, the other Party

27 shall be provided with appropriate actual notice, and an opportunity to be heard on the

28 motion, under the Local Rules of the Court and the Federal Rules of Civil Procedure.

29 The Court in its discretion may set such procedures for emergency consideration as are

15

Case 2:18-cv-00242-DGC Document 87 Filed 02/18/20 Page 32 of 51

1 appropriate to the particular facts or circumstances, but no such matter may be heard or

2 considered on an ex parte basis.

3

6. Any Party who disagrees with a decision of the Settlement

4 Administrator may seek relief from the Court within fourteen (14) days of receipt of

5 notice of the decision by the Settlement Administrator. Any such request for relief shall

6 be brought by motion under the Local Rules of the Court and Federal Rules of Civil

7 Procedure. A Party may seek any remedy provided by law, provided that such remedy is

8 consistent with the provisions of this Agreement.

9

7. The Parties agree that, for any dispute decided by the Settlement

10 Administrator under Section X.B and which decision would require modification of the

11 Consent Decree entered by the Court:

12

a. The Parties shall cooperate in jointly requesting the Court to

13 modify the Consent Decree to reflect the resolution of said dispute; or

14

b. The Party disagreeing with such decision shall, as part of any

15 request for relief made under Section X.B.6, request that the Consent Decree be modified

16 or affirmed, as appropriate.

17

c. Nothing herein shall be construed as authorizing the

18 Settlement Administrator to require the Court to alter the terms of its Consent Decree, or

19 to disregard the clear and unambiguous language of the Consent Decree.

20

8. Only Plaintiffs or Defendants shall have standing to move the Court

21 to enforce, apply, or modify this Agreement. Any individual concerned about

22 Defendants’ compliance with this Agreement may so notify Class Counsel and request

23 that they examine Defendants’ compliance and seek such relief, if any, as may be

24 appropriate. In the event that any Party seeks to utilize the dispute resolution procedure,

25 then each Party shall bear its own attorneys’ fees, costs and expenses for all work

26 performed through resolution by the Settlement Administrator. In the event that any

27 Party seeks to appeal any decision of the Settlement Administrator, then the prevailing

28 party in such matter shall be entitled to recover reasonable attorneys’ fees, costs and

29 expenses incurred in such appeal from the other Party. Whether and to what extent any

16

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1 Party is a prevailing party and awarded fees and expenses shall be determined in the sole

2 and absolute discretion of the Court.

3 XI. RECORDKEEPING AND REPORTING

4

A. Documents to be Preserved For the Duration of the Agreement

5

Defendants shall retain the following records for the period set forth in Section

6 VI.A of this Agreement or as required by state or federal law, whichever is longer:

7

1. Compliance Complaints, as defined in Sections X.A.1.b.v;

8

2. Incident Reports; and

9

3. Logs of any calls made by Defendants’ employees (including

10 employees at Operated Locations) to the 24-Hour Hotline referenced in Section X.A.1.a.

11

B. Access to Documents

12

All documents required to be maintained by the express terms of the Agreement,

13 and all documents that are provided to the Settlement Administrator, Class Counsel, or

14 the Court under the terms of the Agreement, are and shall be treated as confidential

15 business records. Neither Class Counsel, nor the Settlement Administrator, nor the

16 Claims Administrator nor CDM, shall divulge any such documents to any third party

17 unless so ordered by a court after notice to Defendants and an opportunity for Defendants

18 to object to such disclosure and to be heard. Upon expiration of this Agreement, Class

19 Counsel, the Claims Administrator, and the Settlement Administrator shall promptly

20 destroy any and all documents in any format Defendants furnished under this Agreement.

21 This provision shall not prevent a Party from filing otherwise confidential documents

22 with the Court, provided that, either: (a) such documents are filed under seal; or (b) Class

23 Counsel give ten (10) days advance notice to Defendants, to permit opportunity to seek a

24 protective order sealing such documents.

25

C. Compliance and Status Conference

26

During the period set forth in Section VI.A of this Agreement, the Parties shall

27 conduct an annual status conference with the Settlement Administrator, with a report to

28 the Court following the status conference to discuss the status of implementation of the

29 Agreement. The Parties shall be represented at the status conference. No Party shall file

17

Case 2:18-cv-00242-DGC Document 87 Filed 02/18/20 Page 34 of 51

1 any document with the Settlement Administrator in conjunction with the status

2 conference, unless directed to do so by the Settlement Administrator.

3 XII. MONETARY RELIEF AND CLAIMS PROCEDURE

4

A. Persons Entitled to Monetary Damages

5

1. The Claims Administrator shall determine that a claimant is a

6 member of the Primary Class if it can reasonably be determined from Defendants’

7 records and/or the information provided in the claim form that the claimant was a

8 Registered Guest at a Motel 6 Location in the United States during the Class Period

9 whose Guest Information was provided to Federal Immigration Authorities by a Motel 6

10 Location in the United States.

11

2. The Claims Administrator shall determine that a claimant is a

12 member of Class 2 if it can reasonably be determined from Defendants’ records and/or

13 the information provided in the claim form that the claimant was a Guest at a Motel 6 in

14 the United States during the Class Period who was not a Registered Guest, and was

15 questioned, interrogated, detained, and/or placed in immigration removal proceedings by

16 Federal Immigration Authorities as a result of a Motel 6 Location’s disclosure of Guest

17 Information to Federal Immigration Authorities.

18

B. The Settlement Amount

19

1. The total amount available to make awards to Class Members shall

20 be $10,000,000.00 (Ten Million Dollars) (the “Settlement Amount”). Under no

21 circumstances shall the Claims Administrator make payments to Class Members that in

22 total exceed the Settlement Amount.

23

2. If the total amount due to valid claimants exceeds the Settlement

24 Amount, the amount to be paid to each valid claimant shall be reduced proportionally so

25 that the total does not exceed the Settlement Amount.

26

3. If the total amount due to valid claimants is less than the Settlement

27 Amount, the remaining funds shall be distributed, within thirty (30) days of the last

28 payment to a Class Member, as follows:

18

Case 2:18-cv-00242-DGC Document 87 Filed 02/18/20 Page 35 of 51

1

a. The first $500,000 (Five Hundred Thousand Dollars) shall be

2

returned to Defendants;

3

b. The next $500,000 shall be deposited in a cy pres fund, as set

4

forth in Section 4 below (the “Cy Pres Fund”);

5

c. The next $500,000 shall be returned to Defendants;

6

d. The next $500,000 shall be deposited to the Cy Pres Fund;

7

e. The next $500,000 shall be returned to Defendants; and

8

f. All remaining amounts, if any, shall be deposited in the Cy Pres

9

Fund.

10

4. All amounts deposited in a Cy Pres Fund in accordance with Section

11 XII.B.3, above, shall be distributed as follows, subject to Court approval:

12

a. Florence Immigrant & Refugee Rights Project (FIRRP)

13

i.

FIRRP is a 501(c)(3) nonprofit legal service

14 organization providing free legal education, services, and representation to men, women,

15 and unaccompanied children in immigration custody in Arizona and assistance to

16 attorneys.

17

ii.

FIRRP is the only organization in Arizona that

18 provides free legal and social services to detained men, women, and children under threat

19 of deportation/removal.

20

iii.

The Parties have agreed to allocate thirty-five percent

21 (35%) of the Cy Pres Fund to FIRRP.

22

b. Northwest Immigrant Rights Project (NIRP)

23

i.

NIRP promotes justice by defending and advancing the

24 rights of immigrants through direct legal services, systemic advocacy, and community

25 education.

26

ii.

NIRP’s legal services are critical to helping thousands

27 of immigrants in Washington State navigate the complexities of the United States

28 immigration system so they can apply for asylum or other forms of immigration

29 protection.

19

Case 2:18-cv-00242-DGC Document 87 Filed 02/18/20 Page 36 of 51

1

iii.

The Parties have agreed to allocate thirty-five percent

2 (35%) of the Cy Pres Fund to NIRP.

3

c. National Immigration Justice Center (NIJC)

4

i.

NIJC is committed to protecting the rights for the

5 women, men, children and families who flee to the United States seeking safety and

6 security, as well as those who have long been contributing members of our communities.

7

ii.

For more than 30 years, NIJC has provided quality

8 low-cost immigration legal services to over 10,000 individuals per year throughout the

9 United States.

10

iii.

The Parties have agreed to allocate fifteen percent

11 (15%) of the Cy Pres Fund to NIJC.

12

d. TheDream.US

13

i.

TheDream.US is the nation’s largest college access

14 and success program for DREAMers. TheDream.US works with a community of

15 partners to provide students who have lived most of their lives in the United States, but

16 are not citizens, the opportunity to attend and succeed in high education. TheDream.US’s

17 approach is designed to scale and deliver relevant and sustainable impact through

18 financial support, community building, and academic guidance.

19

ii.

The Parties have agreed to allocate fifteen percent

20 (15%) of the Cy Pres Fund to TheDream.US.

21

e. Should the Court refuse to approve one or more of the

22 proposed cy pres recipients, the approved recipients shall each receive their proportional

23 share of the funds that would have been paid to the unapproved recipient(s). Should the

24 Court refuse to approve any cy pres recipient, the unclaimed funds shall be deposited into

25 an escrow account while the Court and/or the Parties determine who should receive them.

26

C. Awards of Monetary Damages to Class Members

27

1. Each Class Member may be awarded the following amounts, which

28 may be aggregated, subject to any reduction required by Section XII.C.2 of this

29 Agreement:

20

Case 2:18-cv-00242-DGC Document 87 Filed 02/18/20 Page 37 of 51

1

a. If the claimant is a Registered Guest, $75 for the

2 disclosure of the claimant’s Guest Information;

3

b. If the claimant experienced an encounter with Federal

4 Immigration Authorities as a result of the disclosure of Guest Information by a

5 Motel 6 Location, then:

6

i. If the claimant was arrested by Federal

7

Immigration Authorities, $5,000;

8

ii. If the claimant was detained at least one full night,

9

$5,000 per night in detention;

10

iii. If the claimant was placed in immigration removal

11

proceedings, $10,000;

12

iv. If the claimant was detained at least one full night

13

and/or was placed in immigration removal

14

proceedings, and had minor children or other

15

dependents at the time the claim arose, $10,000 per

16

dependent;

17

v. If the claimant incurred legal fees to defend his or

18

her presence in the United States, the actual amount

19

of the fees incurred and documented, not to exceed

20

$200,000;

21

vi. If the claimant incurred other out-of-pocket

22

expenses associated with participation in

23

immigration proceedings, the actual amount of the

24

expenses incurred and documented, not to exceed

25

$25,000; and

26

c. Under no circumstances shall the total award to any

27 Class Member exceed $200,000.

28

2. For the avoidance of doubt, nothing in this Agreement shall preclude

29 any Class Member from obtaining compensation under the Washington Settlement.

21

Case 2:18-cv-00242-DGC Document 87 Filed 02/18/20 Page 38 of 51

1 However, should the total value of valid claims determined by the Claims Administrator

2 for the Settlement Class (the “Total Value”) exceed the Settlement Amount, those Class

3 Members who received compensation from the Washington Settlement (the “Washington

4 Class Members”) shall have their awards in this matter reduced as follows:

5

a. If the total amount paid to the Washington Class Members from

6

the Washington Settlement is equal to or more than the

7

difference between the Total Value and the Settlement Amount,

8

then the amount paid to each Washington Class Member from

9

the Settlement Amount shall be reduced by the amount each

10

received from the Washington Settlement; and

11

b. If the total amount paid to the Washington Class Members from

12

the Washington Settlement is less than the difference between the

13

Total Value and the Settlement Amount, then the amount paid to

14

each Washington Class Member from the Settlement Amount

15

shall be reduced on a pro rata basis until the Total Value equals

16

the Settlement Amount.

17

3. Notwithstanding Section XII.C.2, should the Court conclude that

18 anything in this section serves to treat class members inequitably, this Section XII.C.2

19 shall have no force and effect and the rest of the Agreement shall operate as if this

20 paragraph were not included.

21

D. Costs

22

1. Defendants shall pay the costs of notice to Class Members and

23 Injunctive Relief Class Members, and claims administration (the “Administration

24 Costs”), not to exceed $1,000,000.00. The Claims Administrator and the Settlement

25 Administrator will, respectively, conduct class notice and class administration in

26 consultation with the Parties. The Claims Administrator will invoice Defendants directly

27 for its fees and costs.

28

2. Defendants shall also pay the costs and fees incurred as a result of

29 the retention of CDM, pursuant to the terms of the agreement among CDM, the Claims

22

Case 2:18-cv-00242-DGC Document 87 Filed 02/18/20 Page 39 of 51

1 Administrator, MALDEF, and G6, which amounts shall not be included in the cap on

2 Administration Costs above.

3

E. Funding of the Settlement Amount and Costs

4

1. The Claims Administrator will open and administer an interest-

5 bearing account (“Settlement Account”) designated by Class Counsel and with a unique

6 Taxpayer Identification Number, with earned interest added to the Settlement Amount.

7

2. After Effective Approval and within seven (7) days after the Claims

8 Administrator has informed Defendants in writing that it is prepared to distribute the

9 payments to the members of the Settlement Class (or whichever is later), Defendants will

10 wire the following amounts to the Settlement Account:

11

(a) $10,000,000 for the Settlement Amount; and

12

(b) $1,000,000 for the Administration Costs, or whichever lesser amount

13

the Class Administrator has reported as the total Administration Costs; and

14

(c) $500,000 for payment of the Class Counsel Payment, as defined in

15

Section XIII of this Agreement.

16

3. Upon payment of agreed upon fees to CDM and to the Settlement

17 Account of the amounts set forth in Section XII.E.2, Defendants shall have no further

18 monetary obligation to Releasors, including no obligation to pay any funds for

19 distribution to Class Representatives or members of the Settlement Class; no obligation to

20 pay costs of mailed notices and expenses associated with the claims procedure; no

21 obligation to pay any amount to Class Counsel; no obligation to pay any other amount to

22 the Claims Administrator or Settlement Administrator; and no obligation to pay any other

23 settlement administration costs.

24

F. Notice

25

1. Mailed Notice: Within twenty (20) days following the Preliminary

26 Approval Date, Defendants shall provide the Claims Administrator and CDM with the

27 full names and last known addresses and phone numbers, to the extent available in

28 Defendants’ records, of all Guests whom Defendants have identified as potential Class

23

Case 2:18-cv-00242-DGC Document 87 Filed 02/18/20 Page 40 of 51

1 Members, in Excel format. Within twenty (20) days following the Preliminary Approval

2 Date, Class Counsel shall provide the Claims Administrator with a computer readable list

3 in Excel format of the Plaintiffs and all known potential Class Members and their mailing

4 addresses. Prior to the mailing of the notices, the Claims Administrator will combine

5 these lists of potential Class Members received from Defendants and Class Counsel and

6 update any new address information for potential Class Members as may be available

7 through the National Change of Address system. The Claims Administrator shall

8 determine through a computer database search the most recent address that may be

9 obtained for each person on the combined list of potential Class Members. Within sixty

10 (60) days of the Preliminary Approval Date, the Claims Administrator shall mail, via first

11 class postage, notice of class settlement, in both English and Spanish, in the form

12 approved by the Court in the Preliminary Approval Order, to all known potential Class

13 Members at their last known address and at the most recent address that may have been

14 obtained through the computer database search.

15

2. Published Notice: The Claims Administrator shall cause to be

16 published the notice of the class settlement in the form approved by the Court in the

17 Preliminary Approval Order on Class Counsel’s Facebook and Twitter accounts (in

18 English and Spanish) and on the website established by the Claims Administrator.

19 Within twenty (20) days of the Preliminary Approval Date, the Claims Administrator

20 shall enable the website referenced in the previous sentence. Within thirty (30) days of

21 the Preliminary Approval Date, Class Counsel shall cause the Facebook and Twitter

22 notices to be published on Class Counsel’s Facebook and Twitter feeds. The Claims

23 Administrator shall also conduct a targeted social media campaign and targeted search

24 engine advertisement campaign to provide notice to other who may be Class Members or

25 Injunctive Relief Class Members.

26

3. Class Counsel shall be responsible for all Spanish translations of the

27 notice materials.

24

Case 2:18-cv-00242-DGC Document 87 Filed 02/18/20 Page 41 of 51

1

G. Best Notice Practicable

2

The Parties agree, and the Preliminary Approval Order shall state, that compliance

3 with the procedures described in Section XII.F is the best notice practicable under the

4 circumstances and shall constitute due and sufficient notice to the Settlement Class and

5 the Injunctive Relief Class of the pendency of the Action, certification of the Settlement

6 Class and the Injunctive Relief Class, the terms of the Agreement, and the Final Approval

7 Hearing, and shall satisfy the requirements of the Federal Rules of Civil Procedure, the

8 United States Constitution, and any other applicable law.

9

H. Inquiries from Class Members

10

It shall be the responsibility of Class Counsel to establish procedures for receiving

11 and responding to inquiries from Class Members and Injunctive Relief Class Members

12 with respect to this Agreement. Neither Defendants nor Defendants’ counsel are required

13 to respond to inquiries from Class Members or Injunctive Relief Class Members with

14 respect to this Agreement, except to refer inquiries to Class Counsel.

15

I. Objections and Exclusions

16

1. Objections

17

a. Class Members and Injunctive Relief Class Members

18 objecting to the terms of the Agreement must do so in writing at least thirty (30) days

19 prior to the scheduled Final Approval Hearing. The written objection must be filed with

20 the Court thirty (30) days prior to the scheduled Final Approval Hearing, as specified in

21 the Preliminary Approval Order.

22

b. The written objection must include (1) a detailed statement

23 with specificity of the reasons for the objection; (2) the objecting Class Member’s or

24 Injunctive Relief Class Member’s name, address, and telephone number; (3) the date and

25 location of the Operated Location at which the objecting Class Member or Injunctive

26 Relief Class Member stayed; (4) the circumstances (if any) in which the Class Member or

27 Injunctive Relief Class Member was questioned, interrogated, detained, and/or placed in

28 immigration removal proceedings by Federal Immigration Authorities; (5) whether the

29 objection applies only to the objector, to a specific subset of the class, or to the entire

25

Case 2:18-cv-00242-DGC Document 87 Filed 02/18/20 Page 42 of 51

1 class; and (6) any other requirements set forth in the notices described in Section XII.F.

2 Any Class Member or Injunctive Relief Class Member that fails to file a timely written

3 objection that meets the requirements of this Section XII.I.1, or any Class Member or

4 Injunctive Relief Class Member who submits a valid request for exclusion shall have

5 waived the right to object and shall have no right to file an appeal relating to the approval

6 of this settlement.

7

2. Exclusions

8

a. Class Members may exclude themselves, or opt-out, of the

9 Settlement Class. Any request for exclusion must be in the form of a written “Opt-out”

10 statement sent to the Claims Administrator. Information on how to opt-out of the

11 Settlement Class shall be made available by the Claims Administrator. A person wishing

12 to opt-out must sign a statement which includes the following language:

13

I understand that I am requesting to be excluded from the class monetary

14

settlement and that I will receive no money from the settlement entered into

15

by Motel 6. I understand that if I am excluded from the class monetary

16

settlement, I may bring a timely separate legal action seeking damages, but

17

may receive less than what I would have received if I had filed a claim

18

under the class monetary settlement procedure in this case, including

19

possibly receiving nothing. I also understand that I may not seek exclusion

20

from the class for injunctive relief and that I am bound by the injunctive

21

provisions of the Agreement entered into by Motel 6.

22

b. A Class Member choosing to opt-out of the Settlement Class

23 shall sign and date the opt-out statement and file it with the Court thirty (30) days prior to

24 the scheduled Final Approval Hearing, as specified in the Preliminary Approval Order.

26

Case 2:18-cv-00242-DGC Document 87 Filed 02/18/20 Page 43 of 51

1

3. Rescission of Class Member Opt-Outs

2

a. The Parties recognize that some Class Members who initially

3 submit Opt-out forms may, upon further reflection, wish to rescind such Opt-out

4 statements. Class Members may rescind their Opt-out statements by submitting a

5 “Rescission of Opt-out” statement to the Claims Administrator. The Rescission of Opt-

6 out statement shall include the following language:

7

I previously submitted an Opt-out statement seeking exclusion from the

8

class monetary settlement. I have reconsidered and wish to withdraw my

9

Opt-out statement. I understand that by rescinding my Opt-out, I may be

10

eligible to receive an award from the claims settlement fund and may not

11

bring a separate legal action against Motel 6 seeking damages.

12

b. A Class Member wishing to rescind his or her Opt-out from

13 the Settlement Class shall sign and date the Rescission of Opt-out statement and file it

14 with the Court no later than the deadline for claims filing period specified in the

15 Preliminary Approval Order.

16

c. The Claims Administrator shall retain copies of all

17 Rescissions of Opt-out statements until such time as the Claims Administrator is relieved

18 of its duties and responsibilities under this Agreement.

19

J. Claims Administration

20

1. The Claims Administrator shall (1) prepare and mail settlement

21 notices and claim forms to potential Class Members; (2) establish and operate a website

22 designed to provide information to and communication with potential Class Members and

23 Injunctive Relief Class Members; (3) receive and evaluate claims eligibility; (4) seek

24 additional information from claimants, when appropriate; (5) receive and file Opt-out

25 statements and objections; (6) respond to questions from potential Class Members and

26 Injunctive Relief Class Members; (7) implement the allocation plan; (8) maintain a toll-

27 free number for communicating with Class Members and Injunctive Relief Class

28 Members; and (9) perform any other duties necessary to carry out its responsibilities set

29 forth in this Agreement.

27

Case 2:18-cv-00242-DGC Document 87 Filed 02/18/20 Page 44 of 51

1

2. The Claims Administrator shall make claim forms available to

2 potential Class Members who submit oral, e-mail, or written requests for claim forms.

3 The Claims Administrator shall mail the requested claim form via first class postage

4 within two (2) business days after receiving a request. If Defendants, or their counsel,

5 receive requests for claim forms or for information regarding the class settlement, they

6 shall refer such requestors to the toll-free number established by the Claims

7 Administrator for the purpose of administering this Agreement. The requestors shall be

8 informed that any requests for claim forms or information should be directed to the

9 Claims Administrator. The Claims Administrator shall retain copies of all written

10 requests for claim forms and all records of oral or e-mail requests for claim forms until

11 such time as it has completed its duties and responsibilities under this Agreement.

12

K. Submission of Claim Forms

13

Class Members who seek monetary damages must complete a claim form and

14 cause it to be filed with the Claims Administrator by the claim filing deadline set forth in

15 the Preliminary Approval Order. The claim form must be postmarked or submitted

16 online on or before such date in order to be considered timely. All claim forms must be

17 signed under penalty of perjury to be considered. Failure to file a timely claim form, for

18 any reason whatsoever, shall bar the potential Class Member from having his or her claim

19 considered and from receiving monetary damages from the Settlement Account.

20 Potential Class Members who file a claim form must notify the Claims Administrator of

21 any change of address. A failure to notify the Claims Administrator of a change of

22 address may result in the forfeiture of a monetary award. The Claims Administrator shall

23 be available through a toll-free line and via e-mail through the website established by the

24 Claims Administrator to respond to requests from potential Class Members for assistance

25 in completing and filing claim forms. Class Counsel shall also be available to consult

26 with potential Class Members.

28

Case 2:18-cv-00242-DGC Document 87 Filed 02/18/20 Page 45 of 51

1

L. Deceased Claimants

2

Claims may be filed by deceased claimants through representatives of their estate

3 if appropriate documentation is provided. Any claims paid to a deceased claimant shall

4 be made payable to the estate of the deceased claimant.

5

M. Determining Eligibility

6

1. The Claims Administrator shall make the determination as to

7 whether a claim form is complete. If it is not complete, the Claims Administrator shall

8 request additional information from the claimant, if it appears that such additional

9 information would complete the claim form. Such requests for information shall be in

10 writing and shall specify the information necessary to complete the claim form. The

11 requests for information will be sent via first class mail, printed in English and Spanish,

12 and inform the claimant that a response must be returned no later than forty-five (45)

13 days from the date the request for information was mailed. The claimant must provide

14 the requested information, signed under penalty of perjury, to the Claims Administrator

15 by mail with a postmark no later than forty-five (45) days from the date of the mailed

16 request for information. Such additional information shall be considered part of the

17 original claim form and will relate back to the original filing date. The failure of a

18 claimant to timely respond to the request for information may result in the denial of the

19 claim.

20

2. Claimants who, for good cause shown, cannot submit the requested

21 information to complete the claim form, must provide the requested information, signed

22 under penalty of perjury, to the Claims Administrator by mail with a postmark no later

23 than sixty (60) days from the date of the mailed request for information.

24

N. Late-Filed Claims

25

1. For claims received after the filing deadline, the Claims

26 Administrator shall notify late-filing claimants that their claims are untimely and that they

27 are not eligible for any monetary award. The Claims Administrator shall also inform late-

28 filing claimants that they may seek a review of the determination that they filed untimely

29 by requesting the Claims Administrator to reconsider its determination.

29

Case 2:18-cv-00242-DGC Document 87 Filed 02/18/20 Page 46 of 51

1

2. The Claims Administrator may reverse its determination that a claim

2 was not timely filed only if the claimant proves that (1) the claim form was filed on or

3 before the filing deadline and that the untimeliness determination is erroneous; or (2) that

4 he or she could not timely complete the claim form due to exceptional circumstances,

5 which includes deportation, change of address, or other events that the Claims

6 Administrator may consider.

7

O. Appeals of Claims Eligibility

8

1. Within ninety (90) days of the close of the claims filing period, all

9 ineligible claimants shall receive written notice of their ineligibility for monetary

10 damages. Any claimants wishing to seek review of their ineligibility determinations must

11 do so by returning a written request for review to the Claims Administrator online or by

12 mail with a postmark no later than twenty-one (21) days from the date of the notice of

13 claim ineligibility. Failure to file a timely request for review shall bar a claimant from

14 challenging a determination of ineligibility.

15

2. The Claims Administrator shall resolve the requests for review based

16 on the written requests for review and any other documentation or written information

17 submitted by the claimant, or deemed necessary by the Claims Administrator. The

18 Claims Administrator may seek further written information from the claimant as to the

19 basis of their request and may consider the written arguments of Class Counsel or

20 Defendants.

21

3. The Claims Administrator shall attempt to expeditiously resolve any

22 requests for review within sixty (60) days after the filing of the request for review. The

23 Claims Administrator's decisions shall be communicated to the claimant in writing and

24 shall be binding and nonappealable.

25

P. Claimant Information Provided by Defendants

26

The Parties understand and agree that Defendants may possess information that

27 may assist in the determination of eligibility of potential Class Members for monetary

28 damages. Defendants shall reasonably cooperate in providing such information that

29 Class Counsel or the Claims Administrator deems reasonably necessary to assist in

30

Case 2:18-cv-00242-DGC Document 87 Filed 02/18/20 Page 47 of 51

1 determining the eligibility of any potential Class Member for monetary damages.

2 Defendants shall attempt to provide such information within fourteen (14) days of any

3 written requests for the information.

4

Q. Distribution of the Monetary Damages

5

As soon as practicable after final approval of the Agreement by the Court, the

6 Claims Administrator shall distribute the monetary damages to Class Members via first

7 class mail. The Claims Administrator shall only issue checks in the name of the Class

8 Members unless Section XII.L is applicable. Included with the check due to the Class

9 Member will be a statement showing the gross amount of the payment.

10

R. Report from Claims Administrator

11

Within thirty (30) days of the distribution of the monies from the Settlement Fund,

12 the Claims Administrator shall furnish an accounting of all distributions from the

13 Settlement Fund to the Court with copies to Class Counsel and Defendants.

14 XIII. ATTORNEYS’ FEES, COSTS, AND EXPENSES

15

A. Settlement of Fees, Costs, and Expenses

16

Defendants shall pay Class Counsel’s reasonable attorneys’ fees, litigation

17 expenses, and costs in the amount of $500,000.00 (the “Class Counsel Payment”) for

18 work performed and costs and expenses incurred. This Class Counsel Payment is made

19 in full satisfaction of any arguable obligation Defendants may have at law to pay

20 attorneys’ fees, litigation expenses, and costs for and/or on behalf of the Plaintiffs, Class

21 Representatives, and the Releasing Class for any and all work performed and costs and

22 expenses incurred, except for any recovery under Section X.B.8.

23

B. Class Counsel Payment

24

The Claims Administrator shall make the Class Counsel Payment from a

25 Settlement Account within fourteen (14) days following Effective Approval. MALDEF

26 shall have sole responsibility to distribute a portion of the Class Counsel Payment to

27 other Class Counsel. Once Defendants make the Class Counsel Payment to MALDEF,

28 no Class Counsel may assert any claim for such payments from Defendants.

31

Case 2:18-cv-00242-DGC Document 87 Filed 02/18/20 Page 48 of 51

1 XIV. Miscellaneous Provisions

2

A. No Admission of Liability

3

This Agreement does not constitute and shall not be deemed to be a finding or

4 determination by the Court, or an admission by any Party, regarding the merits, validity

5 or accuracy of any of the allegations, claims or defenses presented in the Action. This

6 Agreement represents the compromise of disputed claims that the Parties recognize

7 would require protracted and costly litigation to determine. Defendants deny that they

8 have engaged in any unlawful conduct of any kind associated with the claims alleged in

9 the Action, and Defendants’ entry into this Agreement is not and may not be used by any

10 person in this action or any other proceeding as an admission or evidence that any Motel

11 6 Entity has on any occasion engaged in any unlawful conduct of any kind, such being

12 expressly denied. Defendants are not estopped from challenging class certification in

13 further proceedings in this action or in any other action if the Agreement is not finally

14 approved.

15

B. Severability of the Agreement

16

Whenever possible, each provision and term of this Agreement shall be interpreted

17 in such a manner as to be valid and enforceable; provided, however, that in the event that

18 after Effective Approval any provision or term of this Agreement should be determined

19 to be or rendered unenforceable on collateral review, all other provisions and terms of

20 this Agreement and the application to all persons and circumstances shall remain

21 unaffected to the extent permitted by law. If any application of any provisions or term of

22 this Agreement to any specific person or circumstance should be determined to be invalid

23 or unenforceable, the application of such provision or term to other persons or

24 circumstances shall remain unaffected to the extent permitted by law.

25

C. Duty to Support and Defend the Agreement

26

Class Representatives, Class Counsel, and Defendants each agree to abide by all of

27 the terms of this Agreement in good faith and to support it fully, and shall use Best

28 Efforts to defend this Agreement from any legal challenge, whether by appeal or

29 collateral attack.

32

Case 2:18-cv-00242-DGC Document 87 Filed 02/18/20 Page 49 of 51

1

D. No Assignment

2

Each Party represents, covenants, and warrants that he, she, or it has not directly or

3 indirectly assigned, transferred, encumbered, or purported to assign, transfer, or

4 encumber any portion of any liability, claim, demand, cause of action, or rights that he,

5 she, or it releases in this Agreement.

6

E. Binding on Successors and Assigns

7

This Agreement shall be binding upon and inure to the benefit of the Parties and

8 their respective heirs, trustees, executives, successors, and assigns. Without limiting the

9 generality of the foregoing, each and every covenant and agreement made by Plaintiffs

10 shall be binding upon all Class Members.

11

F. Entire Agreement

12

This Agreement contains the entire understanding of the Parties with respect to the

13 subject matter contained. There are no promises, representations, warranties, covenants,

14 or undertakings governing the subject matter of this Agreement other than those

15 expressly set forth in this Agreement. This Agreement supersedes all prior agreements

16 and understandings among the Parties with respect to the settlement of the Action,

17 including, but not limited to, the settlement agreement filed by the Parties with the Court

18 on November 2, 2018. This Agreement may not be changed, altered, or modified, except

19 in writing signed by the Parties; if any such change, alteration, or modification of the

20 Agreement is material, it must also be approved by the Court.

21

G. Construction

22

The Parties agree that the terms and conditions of this Agreement are the result of

23 lengthy, intensive, arm’s-length negotiations between the Parties, and that this Agreement

24 shall not be construed in favor of or against any Party by reason of the extent to which

25 any Party, or his, her, or its counsel, participated in the drafting of this Agreement.

33

Case 2:18-cv-00242-DGC Document 87 Filed 02/18/20 Page 50 of 51

1

H. Captions

2

Titles or captions contained in this Agreement are inserted as a matter of

3 convenience and for reference, and in no way define, limit, extend, or describe the scope

4 of this Agreement or any provision.

5

I. Class Member Signatures

6

It is agreed that, because the Class Members are so numerous, it is impractical to

7 have each Class Member execute this Agreement. The Notice will advise all Class

8 Members of the binding nature of the releases and of the remainder of this Agreement,

9 and in the absence of a valid and timely Request for Exclusion, such Notice shall have

10 the same force and effect as if each Class Member executed this Agreement.

11

J. Choice of Law

12

Construction and interpretation of this Agreement shall be determined in

13 accordance with the laws of the State of Arizona, without regard to choice-of-law

14 principles.

15

K. Counterparts

16

This Agreement and any amendments may be executed in one or more

17 counterparts, and either Party may execute any such counterpart, each of which when

18 executed and delivered shall be deemed to be an original and both of which counterparts

19 taken together shall constitute one and the same instrument. A facsimile or PDF

20 signature shall be deemed an original for all purposes.

21

L. Authority

22

The signatories represent that they are fully authorized to enter into this

23 Agreement and bind the Parties to the terms and conditions of this Agreement.

24

M. Receipt of Advice of Counsel

25

The Parties acknowledge, agree, and specifically warrant to each other that they

26 have read this Agreement, have received legal advice with respect to the advisability of

27 entering into this settlement, and fully understand its legal effect.

34

Case 2:18-cv-00242-DGC Document 87 Filed 02/18/20 Page 51 of 51

 
 Case 2:18-cv-00242-DGC Document 88 Filed 02/18/20 Page 1 of 46

1

2

3

4

5

6

IN THE UNITED STATES DISTRICT COURT

7

FOR THE DISTRICT OF ARIZONA

8

9

Jane V.; John A.; John E.; Jane F.; John D.; John M.; Jane N.; and John W.;

10

individually and on behalf of all others similarly situated,

11

Plaintiffs,

12

v.

13 Motel 6 Operating L.P., a limited

14

partnership; G6 Hospitality LLC, a limited liability company, dba Motel 6; and Does

15 1-10,

16

Defendants.

No. CV18-242 PHX DGC CONSENT DECREE

17

18

Plaintiffs Jane V., John A., John E., Jane F., John D., John M., Jane N., and John W.

19 (“Plaintiffs”), and Defendants Motel 6 Operating L.P. and G6 Hospitality LLC

20 (“Defendants”) (collectively the “Parties”) having privately negotiated and entered into a

21 Third Amended Settlement Agreement, attached with the Second Amended Settlement

22 Agreement as Exhibit A (collectively, “Agreement”), and having appeared and asked the

23 Court to enter this Consent Decree pursuant to their Agreement, and without admitting or

24 denying the allegations in the Complaint;

25

IT IS HEREBY ORDERED, ADJUDGED, AND DECREED:

26 I. 27

JURISDICTION The Parties stipulate that: (i) the Court has jurisdiction over the Parties and subject

28 matter of the Action; (ii) if the claims asserted in the Action were proven, the Court would

Case 2:18-cv-00242-DGC Document 88 Filed 02/18/20 Page 2 of 46

1 have authority to grant the equitable relief and monetary damages set forth in the

2 Agreement; (iii) venue is proper in the United States District Court for the District of

3 Arizona; and (iv) the Court may retain jurisdiction of the Action during the duration of the

4 Agreement solely for the purposes of entering all orders that may be necessary to implement

5 the relief provided.

6 II. 7

DEFINITIONS For the purposes of this Consent Decree, the defined terms of the Agreement apply.

8 III. EFFECTIVE DATES AND DURATION

9

Unless otherwise provided, the equitable provisions addressed in Sections VI and

10 VII in this Consent Decree are effective immediately upon the Final Approval Date and

11 shall remain in effect for three years (36 months) from that date.

12 IV. TERMINATION

13

This Consent Decree shall automatically terminate upon the election of a Party in

14 accordance with the terms set forth in Section IX.F.1. of the Agreement.

15 V. 16 17

GENERAL EQUITABLE PROVISIONS A. General Injunctive Provisions Effective immediately upon the Final Approval Date and for three years (36 months)

18 from that date, Defendants shall implement and maintain the following policies and internal

19 procedures (“the Policy”):

20

1. Defendants shall maintain the 24-Hour Hotline that they established to assist

21 employees at Motel 6 Entities when they receive any request for Guest Information from

22 Federal Immigration Authorities.

23

2. Defendants shall respond to requests for information from Federal

24 Immigration Authorities as follows:

25

a. Defendants shall not share Guest Information with Federal

26 Immigration Authorities without a judicially enforceable warrant or subpoena, except

27 where the Federal Immigration Authority articulates a credible reason to believe that a

28 Guest, employee, or other individual is in imminent danger. For purposes of this subsection,

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Case 2:18-cv-00242-DGC Document 88 Filed 02/18/20 Page 3 of 46

1 a “credible reason” is a particularized concern related to the safety and well-being of an

2 individual currently on the property.

3

b. With respect to all other warrants or subpoenas presented by Federal

4 Immigration Authorities, Defendants shall not share Guest Information with Federal

5 Immigration Authorities until such warrants or subpoenas have been sent to Defendants’

6 legal department or other individuals designated by Defendants, who will have been trained

7 to comply with this Policy and to address requests from Federal Immigration Authorities,

8 and until such persons authorize the disclosure of Guest Information.

9

c. Defendants will continue to train their employees that if they have

10 questions about this Policy, they should call the 24-Hour Hotline.

11

d. Defendants shall maintain their established brand standard requiring

12 that Franchised Locations adopt and implement the policies and procedures described in

13 Section X.A of the Agreement.

14

e. Defendants shall maintain the online mechanism that was created to

15 allow any person at a Motel 6 Location to submit a report when he or she believes that Guest

16 Information has been provided to Federal Immigration Authorities or that this Policy has

17 been violated in any manner (a “Compliance Complaint”). Any person who submits a

18 Compliance Complaint may do so anonymously.

19

3. Defendants shall continue to provide the following training:

20

a. For each Operated Location employee who has the ability to make

21 Guest Information available, training to understand the Policy and their responsibilities with

22 regard to the Policy, including the purpose and procedures regarding Defendants’ 24-Hour

23 Hotline, such as when it is appropriate and necessary to contact Defendants’ 24-Hour

24 Hotline.

25

b. The training described in this section may be held in conjunction with

26 other business, at Defendants’ discretion, and may be organized geographically in such

27 fashion as Defendants deem appropriate.

28

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Case 2:18-cv-00242-DGC Document 88 Filed 02/18/20 Page 4 of 46

1

B. Dispute Resolution and Enforcement Procedures

2

1. The Parties agree to the appointment of Martin F. Scheinman, Esq., or

3 any successor(s) agreed to by the Parties to the Agreement, as Settlement Administrator.

4 The Settlement Administrator may be removed at the joint written request of Class Counsel

5 and Defendants, or by order of the Court upon motion of any Party and a showing of good

6 cause that Mr. Scheinman should no longer serve as Settlement Administrator. In the event

7 that Mr. Scheinman becomes unavailable to serve as Settlement Administrator for any

8 reason, the Parties will make a good faith effort to select on a joint basis a new Settlement

9 Administrator. If the Parties are unable to reach agreement as to a successor Settlement

10 Administrator within forty-five (45) days following the date Mr. Scheinman becomes

11 unavailable to serve as Settlement Administrator, the Court shall appoint a successor

12 Settlement Administrator upon motion of Class Counsel or Defendants. Class Counsel or

13 Defendants may nominate persons for consideration as a successor Settlement

14 Administrator. The Parties shall each have the right to interview any nominated person,

15 and to present argument and evidence to the Court regarding the selection of the successor

16 Settlement Administrator.

17

2. The Settlement Administrator shall have authority to resolve all

18 disputes arising under the Agreement, subject to limitations and standards set forth in the

19 Agreement. The Settlement Administrator in the course of resolving disputes shall have

20 authority to modify this Consent Decree, subject to an appeal by either Party to the Court

21 and as provided in Sections X.B.4–7 of the Agreement.

22

3. The Parties shall use Best Efforts to resolve promptly any differences

23 or any disputes regarding the interpretation or implementation of the Agreement.

24

4. Each Party shall have the right to initiate steps to resolve any dispute

25 or issue of compliance regarding any provision of the Agreement subject to limitations and

26 standards set forth in the Agreement.

27

a. If either Party has good reason to believe that a legitimate

28 dispute exists that cannot be resolved informally with the Settlement Administartor, the

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Case 2:18-cv-00242-DGC Document 88 Filed 02/18/20 Page 5 of 46

1 initiating Party shall first promptly give written notice to the other Party, including: (a) a

2 reference to all specific provisions of the Agreement that are involved; (b) a statement of

3 the issue; (c) a statement of the remedial action sought by the initiating Party; and (d) a brief

4 statement of the specific facts, circumstances, and any other arguments supporting the

5 position of the initiating Party;

6

b. Within thirty (30) days after receiving such notice, the non-

7 initiating Party shall respond in writing to the statement of facts and arguments set forth in

8 the notice and shall provide its written position, including the facts and arguments upon

9 which it relies in support of its position;

10

c. The Parties shall undertake good-faith negotiations, including

11 meeting and conferring by telephone or in person and exchanging relevant documents

12 and/or other information, to attempt to resolve the issues in dispute or of alleged

13 noncompliance;

14

d. The Settlement Administrator, upon motion, may permit a Party

15 to take post-settlement discovery as provided by the Federal Rules of Civil Procedure, but

16 only as to matters relevant to the underlying claim of breach, if the Settlement Administrator

17 determines that the informal exchange of documents or information has not been sufficient

18 to allow the Party to present the dispute upon a factual record adequate for a fair

19 determination of the issue;

20

e. If the Parties’ good-faith efforts to resolve the matter have

21 failed, and after written notice of an impasse by the initiating Party to the non-initiating

22 Party, the initiating Party may file a motion with the Settlement Administrator, with a

23 supporting brief, requesting resolution of the dispute or the issues of non-compliance,

24 provided that such motion shall be limited to the dispute(s) and/or issue(s) as to which the

25 Parties have met and conferred as described here;

26

f. The non-moving Party will have fifteen (15) days to respond to

27 any such motion;

28

g. The Settlement Administrator shall attempt within fifteen (15)

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Case 2:18-cv-00242-DGC Document 88 Filed 02/18/20 Page 6 of 46

1 days after filing of the final brief to resolve the dispute and may schedule a hearing or other

2 proceeding, including an evidentiary hearing, to resolve the matter; and

3

h. Within thirty (30) days of any hearing, the Settlement

4 Administrator shall issue a written determination, including findings of fact if requested by

5 any Party.

6

5. The provisions of this Section do not prevent any Party from promptly

7 bringing an issue directly before the Court when exigent facts or circumstances require

8 immediate Court action to prevent a serious violation of the terms of the Agreement, which

9 otherwise would be without meaningful remedy. The parties shall jointly place a

10 conference call to the Court regarding any such matter and, with leave of court, may file a

11 motion. The moving papers shall explain the facts and circumstances that necessitate

12 immediate action by the Court. Absent a showing of exigent facts or circumstances, the

13 Court may refer the matter to the Settlement Administrator to resolve in accordance with

14 procedures set forth above. If any such matter is brought before the Court requesting

15 immediate action, the other Party shall be provided with appropriate actual notice, and an

16 opportunity to be heard, under the Local Rules of the Court and the Federal Rules of Civil

17 Procedure. The Court in its discretion may set such procedures for emergency consideration

18 as are appropriate to the particular facts or circumstances, but no such matter may be heard

19 or considered on an ex parte basis.

20

6. Any Party who disagrees with a decision of the Settlement

21 Administrator may seek relief from the Court within fourteen (14) days of receipt of notice

22 of the decision by the Settlement Administrator. Any such request for relief shall be raised

23 initially in a joint conference call with the Court and, after such call and with leave of court,

24 may be brought by motion under the Local Rules of the Court and Federal Rules of Civil

25 Procedure. A Party may seek any remedy provided by law, provided that such remedy is

26 consistent with the provisions of the Agreement.

27

7. The Parties agree that, for any dispute decided by the Settlement

28 Administrator under Section X.B of the Agreement and which decision would require

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Case 2:18-cv-00242-DGC Document 88 Filed 02/18/20 Page 7 of 46

1 modification of the Consent Decree:

2

a. The Parties shall cooperate in jointly requesting the Court to

3 modify the Consent Decree to reflect the resolution of said dispute; or

4

b. The Party disagreeing with such decision shall, as part of any

5 request for relief made under Section X.B.6 of the Agreement, request that the Consent

6 Decree be modified or affirmed, as appropriate.

7

c. Nothing herein shall be construed as authorizing the Settlement

8 Administrator to require the Court to alter the terms of its Consent Decree, or to disregard

9 the clear and unambiguous language of the Consent Decree.

10

8. Only Plaintiffs or Defendants shall have standing to move the Court to

11 enforce, apply, or modify the Agreement. Any individual concerned about Defendants’

12 compliance with the Agreement may so notify Class Counsel and request that they examine

13 Defendants’ compliance and seek such relief, if any, as may be appropriate. In the event

14 that any Party seeks to utilize the dispute resolution procedure, then each Party shall bear

15 its own attorneys’ fees, costs, and expenses for all work performed through resolution by

16 the Settlement Administrator. In the event that any Party seeks to appeal any decision of

17 the Settlement Administrator, then the prevailing party in such matter shall be entitled to

18 recover reasonable attorneys’ fees, costs, and expenses incurred in such appeal from the

19 other Party. Whether and to what extent any Party is a prevailing party and awarded fees

20 and expenses shall be determined in the sole and absolute discretion of the Court.

21 VI. RECORDKEEPING AND REPORTING

22

A. Documents to be Preserved for the Duration of the Agreement

23

Defendants shall retain the following records for the period set forth in Section III of

24 this Consent Decree or as required by state or federal law, whichever is longer:

25

1. Compliance Complaints, as defined in Section X.A.1.b.v. of the

26 Agreement;

27

2. Incident Reports; and

28

3. Logs of any calls made by Defendants’ employees (including

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Case 2:18-cv-00242-DGC Document 88 Filed 02/18/20 Page 8 of 46

1 employees at Operated Locations) to the 24-Hour Hotline referenced in Section X.A.1.a. of

2 the Agreement.

3

B. Access to Documents

4

All documents required to be maintained by the express terms of the Agreement, and

5 all documents that are provided to the Settlement Administrator, Class Counsel, or the Court

6 under the terms of this Consent Decree, are and shall be treated as confidential business

7 records. Neither Class Counsel, nor the Settlement Administrator, nor the Claims

8 Administrator nor Centro de los Derechos del Migrante, Inc., shall divulge any such

9 documents to any third party unless so ordered by a court after notice to Defendants and an

10 opportunity for Defendants to object to such disclosure and to be heard. Upon expiration

11 of this Consent Decree, Class Counsel, the Claims Administrator, and the Settlement

12 Administrator shall destroy any and all documents in any format Defendants furnished

13 under this Agreement. This provision shall not prevent a Party from filing otherwise

14 confidential documents with the Court, provided that, either: (a) such documents are filed

15 under seal; or (b) Class Counsel give ten (10) days advance notice to Defendants, to permit

16 opportunity to seek a protective order sealing such documents.

17

C. Compliance and Status Conference

18

During the period set forth in Section III of this Consent Decree, the Parties shall

19 conduct an annual status conference with the Settlement Administrator, with a report to the

20 Court following the status conference to discuss the status of implementation of the Consent

21 Decree. The Parties shall be represented at the status conference. No Party shall file any

22 document with the Settlement Administrator in conjunction with the status conference,

23 unless directed to do so by the Settlement Administrator.

24

IT IS SO ORDERED.

25

Dated this 18th day of February, 2020.

26

27

28

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Case 2:18-cv-00242-DGC Document 88 Filed 02/18/20 Page 9 of 46

1

2

3

4

5

6

7

8 IN THE UNITED STATES DISTRICT COURT
9 FOR THE DISTRICT OF ARIZONA
10

11
Jane V.; John A.; John E.; Jane F.; John D.; 12 John M.; Jane N.; and John W.;
individually and on behalf of all others 13 similarly situated,

14

Plaintiffs,

No. 2:18-cv-00242-DGC
THIRD AMENDED SETTLEMENT AGREEMENT

15

v.

16 Motel 6 Operating L.P., a limited partnership; G6 Hospitality LLC, a limited
17 liability company, dba Motel 6; and Does 1-10,
18
Defendants. 19

20

21

22

23

24

25

26

27

28

Case 2:18-cv-00242-DGC Document 88 Filed 02/18/20 Page 10 of 46

1

This Third Amended Settlement Agreement incorporates all provisions of the

2 Second Amended Settlement Agreement and Addendum, except as noted below.

3

1. Section III.E defining “Class 2” is deleted.

4

2. Section III.F defining “Class 2 Members” is deleted.

5

3. Section III.DD defining “Primary Class” is deleted.

6

4. Section III.EE defining “Primary Class” Members” is deleted.

7

5. Revise Section III.HH as follows: “‘Releasing Class’ means the Settlement

8 Class and Injunctive Relief Class, collectively.”

9

6. Revise Section III.JJ as follows: “‘Settlement Class’ means all persons who

10 were Guests at a Motel 6 Location in the United States during the Class Period, and as a

11 result of a Registered Guest’s Information having been provided to Federal Immigration

12 Authorities by a Motel 6 Location, suffered a privacy violation and/or were questioned,

13 interrogated, detained, and/or placed in immigration removal proceedings by Federal

14 Immigration Authorities, except those who have filed a timely request to opt-out of the

15 Settlement Class.”

16

7. Replace Section VII.A.1.-2 by eliminating references to “Primary Class”

17 and Class 2,” with Section VII.A that shall read as follows: “For purposes of the

18 monetary damages provided in this Agreement, the Parties shall request that the Court

19 conditionally certify a ‘Settlement Class’ under Federal Rule of Civil Procedure 23(b)(3)

20 defined as: All persons who were Guests at a Motel 6 Location in the United States

21 during the Class Period, and as a result of a Registered Guest’s Information having been

22 provided to Federal Immigration Authorities by a Motel 6 Location, suffered a privacy

23 violation and/or were questioned, interrogated, detained, and/or placed in immigration

24 removal proceedings by Federal Immigration Authorities, except those who have filed a

25 timely request to opt-out of the Settlement Class.”

26

8. Replace Section XII.1-2 by eliminating references to “Primary Class” and Class 2,”

27 with Section X.A that shall read as follows: “The Claims Administrator shall determine

28 that a claimant is a member of the Settlement Class if it can reasonably be determined from

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Case 2:18-cv-00242-DGC Document 88 Filed 02/18/20 Page 11 of 46

Case 2:18-cv-00242-DGC Document 88 Filed 02/18/20 Page 12 of 46

1

SECOND AMENDED SETTLEMENT AGREEMENT

2 I. INTRODUCTION

3

This Settlement Agreement (“Agreement”) is entered into by Defendants Motel 6

4 Operating L.P. and G6 Hospitality LLC, doing business as Motel 6 (“Defendants”), and

5 John A., John D., John E., Jane F., John M., Jane N., Jane V., and John W. (“Plaintiffs”),

6 proceeding pseudonymously and as Class Representatives, for the purpose of resolving

7 the Action between them (collectively, Plaintiffs and Defendants shall be referred to as

8 the “Parties”). This Agreement has been reached as a result of good faith negotiation

9 supervised by a professional mediator.

10 II. PURPOSES OF SETTLEMENT

11

The Parties have entered into this Agreement for the following purposes:

12

A. To resolve all disputes covered by the litigation in such a way as to avoid

13 further expense and protracted disputes between the Parties.

14

B. To create an efficient procedure for implementing equitable relief and

15 monetary damages under the terms of this Agreement; and

16

C. To finally resolve all claims and defenses asserted in the Action.

17 III. DEFINITIONS

18

A. “Action” means Jane V., et al v. Motel 6 Operating L.P., et al., D. Ariz.

19 (Case No. 2:18-cv-00242-DGC).

20

B. “Best Efforts” means commercially reasonable efforts designed to comply

21 with the specific objectives to which the efforts are directed.

22

C. “Centro de los Derechos del Migrante, Inc.” or “CDM” means the

23 organization that will assist the Claims Administrator to conduct class notice in Mexico

24 and Latin America pursuant to a contract between CDM, the Claims Administrator,

25 Mexican American Legal Defense and Educational Fund (“MALDEF”), and G6

26 Hospitality LLC (“G6”).

27

D. “Claims Administrator” means Arden Claims Service in Port Washington,

28 New York, or any successor(s) agreed to by the parties to this Agreement.

29

E. “Class 2” means the definition set forth in Section VII.A.1.b.

Case 2:18-cv-00242-DGC Document 88 Filed 02/18/20 Page 13 of 46

1

F. “Class 2 Members” means the definition set forth in Section VII.A.1.b.

2

G. “Class Counsel” means MALDEF and the Ortega Law Firm.

3

H. “Class Members” means each and every member of the Settlement Class.

4

I. “Class Period” means the period from February 1, 2015 through June 28,

5 2019.

6

J. “Class Representatives” or “Plaintiffs” means John A., John D., John E.,

7 Jane F., John M., Jane N., Jane V., and John W., proceeding pseudonymously.

8

K. “Court” means the United States District Court for the District of Arizona.

9

L. “Defendants” means Motel 6 Operating L.P. and G6 Hospitality LLC,

10 doing business as Motel 6.

11

M. “Effective Approval” means the entry of an order approving this

12 Agreement on the Final Approval Date by the Court and either: (1) the expiration of the

13 time for filing a direct appeal from the Court’s approval of the Agreement, or (2) if a

14 timely direct appeal is filed, the final resolution of the appeal (including any requests for

15 rehearing and/or petitions for writ of certiorari), resulting in final judicial approval of the

16 Agreement.

17

N. “Federal Immigration Authorities” means the following: United States

18 Department of Homeland Security Immigration and Customs Enforcement, Customs and

19 Border Patrol, Homeland Security Investigations, their officers or employees, and any

20 other employee of the Department of Homeland Security whose primary responsibility is

21 enforcement of federal immigration laws.

22

O. “Final Approval Date” means the date the Court approves this Agreement

23 and after there has been: (a) notice to the Settlement Class and the Injunctive Relief

24 Class; (b) opportunity to opt-out of the Settlement Class with respect to monetary

25 damages; (c) opportunity to submit a timely objection to the Agreement; (d) appropriate

26 discovery regarding any such timely objections; and (e) the Final Approval Hearing.

27

P. “Final Approval Hearing” means the hearing at which the Court considers

28 the fairness of and whether to approve this Agreement and after there has been: (a) notice

29 to the Settlement Class and the Injunctive Relief Class; (b) opportunity to opt-out of the

2

Case 2:18-cv-00242-DGC Document 88 Filed 02/18/20 Page 14 of 46

1 Settlement Class with respect to monetary damages; (c) opportunity to submit a timely

2 objection to the Agreement; and (d) appropriate discovery regarding any such timely

3 objections.

4

Q. “Final Approval Order” means the order the Court enters approving the

5 Agreement after having conducted the Final Approval Hearing.

6

R. “Franchised Location” means any lodging facility in the United States

7 operated under the “Motel 6” brand name by a third party under a franchise agreement

8 with Defendants and their respective affiliates.

9

S. “Guest” means any Registered Guest, as defined herein, or other person

10 occupying a guestroom in any Motel 6 Location.

11

T. “Guest Information” means the name, address, and/or other registration

12 information provided to a Motel 6 Location by a Registered Guest or Guest at the time of

13 check-in.

14

U. “Guest List” means computer-generated Motel 6 guest lists and the Guest

15 Information contained on them.

16

V. “Incident Report” means documentation of Guest Lists or other Guest

17 Information disclosed by a Motel 6 Location to Federal Immigration Authorities created

18 electronically at Operated Locations.

19

W. “Injunctive Relief Class” means the definition set forth in Section VII.B.

20

X. “Injunctive Relief Class Members” means the definition set forth in Section

21 VII.B.

22

Y. “Motel 6 Entities” means Defendants and each of their past and present

23 employees, parents, subsidiaries, affiliates, officers, directors, agents, managers, owners,

24 insurers, successors, and assigns and those in active concert or participation with them, or

25 any of them.

26

Z. “Motel 6 Location” means any Motel 6 branded lodging facility in the

27 United States, including Operated Locations and Franchised Locations.

28

AA. “Operated Location” means any Motel 6 branded lodging facility in the

29 United States operated by Defendants.

3

Case 2:18-cv-00242-DGC Document 88 Filed 02/18/20 Page 15 of 46

1

BB. “Preliminary Approval Date” means the date upon which the Court enters

2 an order preliminarily approving this Agreement, pending notice and opportunity to opt-

3 out of the Settlement Class with respect to monetary damages or submit objections to the

4 Agreement, and a fairness hearing.

5

CC. “Preliminary Approval Order” means the order by the Court that

6 preliminarily approves the Agreement, pending notice and opportunity to opt-out of the

7 Settlement Class with respect to monetary damages or, with regard to the Settlement

8 Class and the Injunctive Relief Class, to submit objections to the Agreement, and a

9 fairness hearing.

10

DD. “Primary Class” means the definition set forth in Section VII.A.1.a.

11

EE. “Primary Class Members” means the definition set forth in Section

12 VII.A.1.a.

13

FF. “Registered Guest” means any person who provided his or her Guest

14 Information to a Motel 6 Location at the time of check-in and whose information was

15 stored in Motel 6’s guest registration system.

16

GG. “Release” means the release of claims as set forth in Section VIII of the

17 Agreement.

18

HH. “Releasing Class” means the Primary Class, Class 2 and the Injunctive

19 Relief Class, collectively.

20

II. “Settlement Administrator” means Martin F. Scheinman, Esq. or any

21 successor(s) agreed to by the parties to this Agreement.

22

JJ. “Settlement Class” means the Primary Class and Class 2, collectively.

23

KK. “Washington Action” means the action styled State of Washington v. Motel

24 6 Operating, L.P. et al., No. 18-2-00283-4 SEA in the Superior Court of the State of

25 Washington, King County.

26

LL. “Washington Settlement” means the agreement to settle the action styled

27 State of Washington v. Motel 6 Operating, L.P. et al., No. 18-2-00283-4 SEA in the

28 Superior Court of the State of Washington, King County, as set forth in the Consent

29 Decree entered in that action on April 26, 2019.

4

Case 2:18-cv-00242-DGC Document 88 Filed 02/18/20 Page 16 of 46

1 IV. LITIGATION BACKGROUND

2

A. On January, 24, 2018, eight Plaintiffs filed a class-action complaint in the

3 United States District Court for the District of Arizona. Plaintiffs allege that Defendants

4 employed a corporate policy and/or practice to provide Guest Information to agents of

5 Immigration and Customs Enforcement (“ICE”) and/or other Federal Immigration

6 Authorities. Plaintiffs challenge Defendants’ alleged policy and/or practice as

7 unauthorized disclosures of private information and as discriminatory, unconstitutional, a

8 violation of state laws protecting consumers, and a violation of Defendants’ privacy

9 policy.

10

B. On May 8, 2018, Defendants filed an answer and defenses to the class

11 action complaint and denied any wrongdoing or violation of the law.

12

C. On June 15, 2018, the Parties engaged in a day-long mediation before

13 Martin F. Scheinman, Esq., a professional mediator. The mediation resulted in a tentative

14 settlement.

15

D. On July 6, 2018, the Parties filed a joint certification with the Court that

16 indicated that the Parties agreed to a tentative settlement that would resolve the

17 Plaintiffs’, Class Members’, and Injunctive Relief Class Members’ claims against

18 Defendants.

19

E. On November 2, 2018, the Parties filed a Joint Motion for Preliminary

20 Approval of Class Action Settlement (the “Joint Motion”) with the Court.

21

F. On January 29, 2019, the Parties appeared before the Court for a hearing on

22 the Joint Motion, at which time the Court expressed certain questions and concerns, and

23 allowed the Parties an additional period of time to address those questions and concerns

24 in a new motion to be filed in support of the settlement agreement.

25

G. On April 3, 2019, the Parties engaged in an additional day-long mediation

26 before Mr. Scheinman, which resulted in certain agreed upon changes to the complaint

27 and settlement.

5

Case 2:18-cv-00242-DGC Document 88 Filed 02/18/20 Page 17 of 46

1

H. On June 5, 2019, Plaintiffs filed, with Defendants’ consent, an Amended

2 Class Action Complaint for Declaratory and Injunctive Relief (the “Amended

3 Complaint”).

4 V. JURISDICTION

5

The Parties stipulate that: (i) the Court has jurisdiction over the Parties and

6 subject matter of the Action; (ii) if the claims asserted in the Action were proven, the

7 Court would have the authority to grant the equitable relief and monetary damages set

8 forth in this Agreement; (iii) venue is proper in the United States District Court for the

9 District of Arizona; and (iv) the Court may retain jurisdiction of the Action during the

10 duration of the Agreement solely for the purposes of entering all orders that may be

11 necessary to implement the relief provided.

12 VI. CONSENT DECREE, EFFECTIVE DATES AND DURATION OF

13

EQUITABLE PROVISIONS

14

A. Effective Dates and Duration

15

Unless otherwise provided, the equitable provisions addressed in Sections X and

16 XI in this Agreement are effective immediately upon the Final Approval Date and shall

17 remain in effect for three years (36 months) from that date.

18

B. Consent Decree

19

In addition to the Final Approval Order, the Parties shall request in connection

20 with the Final Approval Hearing that the Court enter a consent decree containing

21 Sections V, VI, X, and XI of this Agreement, or substantively identical provisions. The

22 consent decree shall be operative for the term set forth in Section VI.A of this

23 Agreement. The consent decree shall also contain a provision terminating it

24 automatically on the election of either Party under Section IX.F of this Agreement.

25 VII. SETTLEMENT CLASSES

26

A. Monetary Damages

27

1. For purposes of the monetary damages provided in this Agreement,

28 the Parties shall request that the Court conditionally certify a “Primary Class” and “Class

6

Case 2:18-cv-00242-DGC Document 88 Filed 02/18/20 Page 18 of 46

1 2” under Federal Rule of Civil Procedure 23(b)(3) as further defined in sections

2 VII.A.1.a.-b below.

3

a. A Primary Class, consisting of all persons who were

4 Registered Guests at a Motel 6 Location in the United States during the Class Period, and

5 whose Guest Information was provided to Federal Immigration Authorities by a Motel 6

6 Location in the United States, each of whom shall be a “Primary Class Member,” except

7 those who file a timely request to opt-out of the Settlement Class.

8

b. Class 2, consisting of all Guests at a Motel 6 Location in the

9 United States during the Class Period who were not Registered Guests, and were

10 questioned, interrogated, detained, and/or placed in immigration removal proceedings by

11 Federal Immigration Authorities as a result of a Motel 6 Location’s disclosure of Guest

12 Information to Federal Immigration Authorities, each of whom shall be a “Class 2

13 Member,” except those who file a timely request to opt-out of the Settlement Class.

14

B. Equitable Relief

15

For purposes of the equitable relief provided in this Agreement, the Parties shall

16 request that the Court certify an Injunctive Relief Class under Federal Rule of Civil

17 Procedure Rule 23(b)(2), defined as all persons who were Guests at a Motel 6 Location in

18 the United States during the Class Period, and whose Guest Information was provided to

19 Federal Immigration Authorities by a Motel 6 Location in the United States, each of

20 whom shall be an “Injunctive Relief Class Member.”

21

C. Exclusions

22

Excluded from the Releasing Class are the Motel 6 Entities and all federal

23 governmental entities and personnel, including Federal Immigration Authorities.

24 VIII. RELEASE OF CLAIMS

25

A. Binding and Exclusive Nature of Settlement Agreement

26

Upon Effective Approval of the Settlement, the Parties, Class Members, and

27 Injunctive Relief Class Members shall be bound by this Agreement and shall have

28 recourse exclusively to the benefits, rights, and remedies provided in this Agreement. No

29 other action, demand, suit, or other claim may be pursued by the Class Members or

7

Case 2:18-cv-00242-DGC Document 88 Filed 02/18/20 Page 19 of 46

1 Injunctive Relief Class Members against the Motel 6 Entities with respect to the Released

2 Claims.

3

B. Release of Claims by the Releasing Class

4

Upon Effective Approval of the settlement, the Motel 6 Entities shall be fully

5 released and forever discharged from any and all individual and/or class-wide claims,

6 demands, charges, complaints, rights and causes of action of any kind by the Class

7 Representatives, Plaintiffs, the Releasing Class, each member of the Releasing Class

8 (hereafter collectively “Releasors”), and the Releasor’s estates (whether or not any

9 Releasor or Releasor’s estate has objected to the settlement or makes a claim for

10 monetary damages described in Section XII) that arise out of or relate to conduct within

11 the Class Period concerning the provision of Guest Information to Federal Immigration

12 Authorities by a Motel 6 Location, including, but not limited to, any conduct alleged and

13 cause of action asserted in this action, or that could have been asserted or alleged in this

14 action, and arising out of the facts alleged in this action (including, but not limited to

15 alleged race and national-origin discrimination, consumer protection violations, privacy

16 violations, constitutional claims, contract or tort claims and any other federal, state, or

17 local law claims) (collectively “Released Claims”). Releasors and their estates shall not,

18 after Effective Approval of this Agreement, seek to establish liability against any Motel 6

19 Entity based, in whole or in part, upon any of the Released Claims or any conduct at issue

20 in the Released Claims. This Release is final and shall survive the expiration of the

21 Agreement’s terms.

22

C. Waiver of Unknown Claims

23

On Effective Approval, Releasors and the Releasor’s estates shall be deemed to

24 have, and by operation of this Agreement shall have, with respect to the Released Claims,

25 expressly waived the benefits of any statutory provisions or common law rule that

26 provides, in substance, that a general release does not extend to claims that the party does

27 not know or suspect to exist in its favor at the time of executing the release, which if

28 known by it, would have materially affected its settlement with any other party. In

29 particular, but without limitation, Releasors and Releasor’s Estates waive the provisions

8

Case 2:18-cv-00242-DGC Document 88 Filed 02/18/20 Page 20 of 46

1 of California Civil Code § 1542 (or any like or similar statute or common law doctrine),

2 and do so understanding the significance of that waiver. California Civil Code §1542

3 provides:

4

A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE

5

CREDITOR OR RELEASING PARTY DOES NOT KNOW OR

6

SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF

7

EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR

8

HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER

9

SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.

10

D. No Bar to Future Claims

11

Nothing in this Agreement shall be construed to bar any claims of any Releasor

12 that arise after Effective Approval.

13

E. Assumption of Risk

14

In entering into this Agreement, the Parties assume the risk of any mistake of fact

15 or law. If either Party should later discover that any fact that the Party relied upon in

16 entering into this Agreement is not true, or that the Party’s understanding of the facts or

17 law was incorrect, the Party shall not be entitled to modify, reform, or set aside this

18 Agreement, in whole or in part, as a result.

19

F. No Collateral Attack

20

This Agreement shall not be subject to collateral attack by any Releasor at any

21 time after Effective Approval.

22 IX. COURT APPROVAL OF SETTLEMENT

23

A. Preliminary Approval

24

As soon as practicable after the execution of this Agreement, and no later than

25 June 28, 2019, the Parties shall apply for entry of the Preliminary Approval Order. The

26 Preliminary Approval Order shall include provisions: (a) preliminarily approving this

27 Settlement and finding this Settlement sufficiently fair, reasonable and adequate to allow

28 Notice to be disseminated to the Settlement Class and the Injunctive Relief Class; (b)

29 approving the form, content, and manner of the Notice; (c) setting a schedule for

9

Case 2:18-cv-00242-DGC Document 88 Filed 02/18/20 Page 21 of 46

1 proceedings with respect to Final Approval of this Settlement; and (d) staying the Action,

2 other than such proceedings as are related to this Settlement.

3

B. CAFA Notice

4

Within ten (10) days of the lodging of this Agreement and the motion for

5 preliminary approval of the Settlement, Defendants shall provide an amended CAFA

6 notice as required under 28 U.S.C. § 1715. CAFA notice shall be provided to the

7 Attorney General of the United States and the Attorneys General of each state in which

8 Class Members and Injunctive Relief Class Members reside. CAFA notice shall be

9 mailed, can be in an electronic or disk format, and shall include to the extent then

10 available and feasible: (1) the Amended Complaint in the Action; (2) the motion for

11 preliminary approval of the Agreement, which shall include the proposed Final Approval

12 Hearing date and shall confirm that there are no additional agreements among the Parties

13 not reflected in the Settlement; (3) the proposed forms of Notice; (4) this Agreement; and

14 (5) a reasonable estimate of the numbers of Class Members and Injunctive Relief Class

15 Members residing in each state and the estimated proportionate share of the claims of

16 such members to the entire settlement. The Parties agree that this CAFA notice shall be

17 sufficient to satisfy the terms of 28 U.S.C. § 1715.

18

C. Objections to Settlement

19

Any Class Member or Injunctive Relief Class Member wishing to object or to

20 oppose the approval of this Agreement shall object in writing in the manner set forth in

21 Section XII.I.1.

22

D. Motion for Final Approval and Response to Objections

23

The Parties shall file with the Court their motion for final settlement approval on a

24 date that is no later than twenty-one (21) days before the date of the Final Approval

25 Hearing. The Parties will file with the Court a reply brief in support of Final Approval

26 that, e.g., responds to any objections filed no later than seven (7) days before the date of

27 the Final Approval Hearing.

10

Case 2:18-cv-00242-DGC Document 88 Filed 02/18/20 Page 22 of 46

1

E. Final Approval Hearing

2

The Parties shall request that the Court, on the date set forth in the Preliminary

3 Approval Order or on such other date that the Court may set (but not earlier than 150

4 days from the date of entry of the Preliminary Approval Order), conduct a Final Approval

5 Hearing to: (a) determine whether to grant Final Approval to this Agreement; and

6 (b) consider any timely objections to this settlement and the Parties’ responses to such

7 objections. At the Final Approval Hearing, the Parties shall ask the Court to give Final

8 Approval to this Agreement. If the Court grants Final Approval to this Agreement, the

9 Parties shall ask the Court to enter a Final Approval Order that approves the Agreement,

10 authorizes entry of a final judgment, and dismisses the action with prejudice.

11

F. Disapproval, Cancellation, Termination, or Nullification of Settlement

12

1. Each Party shall have the right to terminate this Agreement if either:

13 (i) the Court declines to grant Preliminary Approval or Final Approval to this Agreement

14 without material modification of the Agreement; or (ii) a higher court reverses Final

15 Approval by the Court, and the Court thereafter declines to enter a further order or orders

16 approving Agreement on the terms set forth here. If a Party elects to terminate this

17 Agreement under this paragraph, that Party must provide written notice to the other

18 Party’s counsel and the Court within thirty (30) days of the occurrence of the condition

19 permitting termination.

20

2. If this Agreement is terminated under Section IX.F.1, then: (i) this

21 Agreement shall be rendered null and void; (ii) this Agreement and all negotiations and

22 proceedings relating to it shall be of no force or effect, and without prejudice to the rights

23 of the Parties; (iii) all Parties shall be deemed to have reverted to their respective status in

24 the Action as of the date and time immediately preceding the execution of this

25 Agreement; and (iv) except as otherwise expressly provided, the Parties shall stand in the

26 same position and shall proceed in all respects as if this Agreement and any related orders

27 had never been executed, entered into, or filed.

11

Case 2:18-cv-00242-DGC Document 88 Filed 02/18/20 Page 23 of 46

1 X. GENERAL EQUITABLE PROVISIONS

2

A. General Injunctive Provisions

3

1. Effective immediately upon the Final Approval Date and for three

4 years (36 months) from that date, Defendants shall implement and maintain the following

5 policies and internal procedures (“the Policy”):

6

a. Defendants shall establish and maintain a 24-Hour Hotline to

7 assist employees at Motel 6 Entities when they receive any request for Guest Information

8 from Federal Immigration Authorities.

9

b. Defendants shall respond to requests for information from

10 Federal Immigration Authorities as follows:

11

i.

Defendants shall not share Guest Information with

12 Federal Immigration Authorities without a judicially enforceable warrant or subpoena,

13 except where the Federal Immigration Authority articulates a credible reason to believe

14 that a Guest, employee, or other individual is in imminent danger. For purposes of this

15 subsection, a “credible reason” is a particularized concern related to the safety and well-

16 being of an individual currently on the property.

17

ii.

With respect to all other warrants or subpoenas

18 presented by Federal Immigration Authorities, Defendants shall not share Guest

19 Information with Federal Immigration Authorities until such warrants or subpoenas have

20 been sent to Defendants’ legal department or other individuals designated by Defendants,

21 who will have been trained to comply with this Policy and to address requests from

22 Federal Immigration Authorities, and until such persons authorize the disclosure of Guest

23 Information.

24

iii.

Any of Defendants’ employees with questions about

25 this Policy will be trained to call the 24-Hour Hotline.

26

iv.

Defendants shall establish a brand standard requiring

27 that Franchised Locations adopt and implement the policies and procedures described in

28 Section X.A.1.b.i.-ii.

12

Case 2:18-cv-00242-DGC Document 88 Filed 02/18/20 Page 24 of 46

1

v.

Defendants shall create an online mechanism for any

2 person at a Motel 6 Location to submit a report when he or she believes that Guest

3 Information has been provided to Federal Immigration Authorities or that this Policy has

4 been violated in any manner (a “Compliance Complaint”). Any person who submits a

5 Compliance Complaint may do so anonymously.

6

c. Defendants shall provide the following training:

7

i.

For each Operated Location employee who has the

8 ability to make Guest Information available, training to understand the Policy and their

9 responsibilities with regard to the Policy, including the purpose and procedures regarding

10 Defendants’ 24-Hour Hotline, such as when it is appropriate and necessary to contact

11 Defendants’ 24-Hour Hotline.

12

ii.

The training described in this section may be held in

13 conjunction with other business, at Defendants’ discretion, and may be organized

14 geographically in such fashion as Defendants deem appropriate.

15

B. Dispute Resolution and Enforcement Procedures

16

1. The Parties agree to the appointment of Martin F. Scheinman, Esq.,

17 or any successor(s) agreed to by the Parties to this Agreement, as Settlement

18 Administrator. The Settlement Administrator may be removed at the joint written request

19 of Class Counsel and Defendants, or by order of the Court upon motion of any Party and

20 a showing of good cause that Mr. Scheinman should no longer serve as Settlement

21 Administrator. In the event that Mr. Scheinman becomes unavailable to serve as

22 Settlement Administrator for any reason, the Parties will make a good faith effort to

23 select on a joint basis a new Settlement Administrator. If the Parties are unable to reach

24 agreement as to a successor Settlement Administrator within forty-five (45) days

25 following the date Mr. Scheinman becomes unavailable to serve as Settlement

26 Administrator, the Court shall appoint a successor Settlement Administrator upon motion

27 of Class Counsel or Defendants. Class Counsel or Defendants may nominate persons for

28 consideration as a successor Settlement Administrator to the Court. The Parties shall

13

Case 2:18-cv-00242-DGC Document 88 Filed 02/18/20 Page 25 of 46

1 each have the right to interview any nominated person, and to present argument and

2 evidence to the Court regarding the selection of the successor Settlement Administrator.

3

2. The Settlement Administrator shall have authority to resolve all

4 disputes arising under the Agreement, subject to limitations and standards set forth in the

5 Agreement. The Settlement Administrator in the course of resolving disputes shall have

6 authority to modify the Consent Decree, subject to an appeal by either Party to the Court

7 as provided in Sections X.B.4.-7.

8

3. The Parties shall use Best Efforts to resolve promptly any

9 differences or any disputes regarding the interpretation or implementation of this

10 Agreement.

11

4. Each Party shall have the right to initiate steps to resolve any dispute

12 or issue of compliance regarding any provision of the Agreement subject to limitations

13 and standards set forth in the Agreement.

14

a. If either Party has good reason to believe that a legitimate

15 dispute exists, the initiating Party shall first promptly give written notice to the other

16 Party, including: (a) a reference to all specific provisions of the Agreement that are

17 involved; (b) a statement of the issue; (c) a statement of the remedial action sought by the

18 initiating Party; and (d) a brief statement of the specific facts, circumstances and any

19 other arguments supporting the position of the initiating Party;

20

b. Within thirty (30) days after receiving such notice, the non-

21 initiating Party shall respond in writing to the statement of facts and arguments set forth

22 in the notice and shall provide its written position, including the facts and arguments

23 upon which it relies in support of its position;

24

c. The Parties shall undertake good-faith negotiations, including

25 meeting and conferring by telephone or in person and exchanging relevant documents

26 and/or other information, to attempt to resolve the issues in dispute or of alleged

27 noncompliance;

28

d. The Settlement Administrator, upon motion, may permit a

29 Party to take post-settlement discovery as provided by the Federal Rules of Civil

14

Case 2:18-cv-00242-DGC Document 88 Filed 02/18/20 Page 26 of 46

1 Procedure, but only as to matters relevant to the underlying claim of breach, if the

2 Settlement Administrator determines that the informal exchange of documents or

3 information has not been sufficient to allow the Party to present the dispute upon a

4 factual record adequate for a fair determination of the issue;

5

e. If the Parties’ good-faith efforts to resolve the matter have

6 failed, and after written notice of an impasse by the initiating Party to the non-initiating

7 Party, the initiating Party may file a motion with the Settlement Administrator, with a

8 supporting brief, requesting resolution of the dispute or the issues of non-compliance,

9 provided that such motion shall be limited to the dispute(s) and/or issue(s) as to which the

10 Parties have met and conferred as described here;

11

f. The non-moving Party will have fifteen (15) days to respond

12 to any such motion;

13

g. The Settlement Administrator shall attempt within fifteen (15)

14 days after filing of the final brief to resolve the dispute and may schedule a hearing or

15 other proceeding, including an evidentiary hearing, to resolve the matter; and

16

h. Within thirty (30) days of any hearing, the Settlement

17 Administrator shall issue a written determination, including findings of fact if requested

18 by any Party.

19

5. The provisions of this Section do not prevent any Party from

20 promptly bringing an issue directly before the Court when exigent facts or circumstances

21 require immediate Court action to prevent a serious violation of the terms of this

22 Agreement, which otherwise would be without meaningful remedy. The moving papers

23 shall explain the facts and circumstances that necessitate immediate action by the Court.

24 Absent a showing of exigent facts or circumstances, the Court shall refer the matter to the

25 Settlement Administrator to resolve in accordance with procedures set forth above. If

26 any such matter is brought before the Court requesting immediate action, the other Party

27 shall be provided with appropriate actual notice, and an opportunity to be heard on the

28 motion, under the Local Rules of the Court and the Federal Rules of Civil Procedure.

29 The Court in its discretion may set such procedures for emergency consideration as are

15

Case 2:18-cv-00242-DGC Document 88 Filed 02/18/20 Page 27 of 46

1 appropriate to the particular facts or circumstances, but no such matter may be heard or

2 considered on an ex parte basis.

3

6. Any Party who disagrees with a decision of the Settlement

4 Administrator may seek relief from the Court within fourteen (14) days of receipt of

5 notice of the decision by the Settlement Administrator. Any such request for relief shall

6 be brought by motion under the Local Rules of the Court and Federal Rules of Civil

7 Procedure. A Party may seek any remedy provided by law, provided that such remedy is

8 consistent with the provisions of this Agreement.

9

7. The Parties agree that, for any dispute decided by the Settlement

10 Administrator under Section X.B and which decision would require modification of the

11 Consent Decree entered by the Court:

12

a. The Parties shall cooperate in jointly requesting the Court to

13 modify the Consent Decree to reflect the resolution of said dispute; or

14

b. The Party disagreeing with such decision shall, as part of any

15 request for relief made under Section X.B.6, request that the Consent Decree be modified

16 or affirmed, as appropriate.

17

c. Nothing herein shall be construed as authorizing the

18 Settlement Administrator to require the Court to alter the terms of its Consent Decree, or

19 to disregard the clear and unambiguous language of the Consent Decree.

20

8. Only Plaintiffs or Defendants shall have standing to move the Court

21 to enforce, apply, or modify this Agreement. Any individual concerned about

22 Defendants’ compliance with this Agreement may so notify Class Counsel and request

23 that they examine Defendants’ compliance and seek such relief, if any, as may be

24 appropriate. In the event that any Party seeks to utilize the dispute resolution procedure,

25 then each Party shall bear its own attorneys’ fees, costs and expenses for all work

26 performed through resolution by the Settlement Administrator. In the event that any

27 Party seeks to appeal any decision of the Settlement Administrator, then the prevailing

28 party in such matter shall be entitled to recover reasonable attorneys’ fees, costs and

29 expenses incurred in such appeal from the other Party. Whether and to what extent any

16

Case 2:18-cv-00242-DGC Document 88 Filed 02/18/20 Page 28 of 46

1 Party is a prevailing party and awarded fees and expenses shall be determined in the sole

2 and absolute discretion of the Court.

3 XI. RECORDKEEPING AND REPORTING

4

A. Documents to be Preserved For the Duration of the Agreement

5

Defendants shall retain the following records for the period set forth in Section

6 VI.A of this Agreement or as required by state or federal law, whichever is longer:

7

1. Compliance Complaints, as defined in Sections X.A.1.b.v;

8

2. Incident Reports; and

9

3. Logs of any calls made by Defendants’ employees (including

10 employees at Operated Locations) to the 24-Hour Hotline referenced in Section X.A.1.a.

11

B. Access to Documents

12

All documents required to be maintained by the express terms of the Agreement,

13 and all documents that are provided to the Settlement Administrator, Class Counsel, or

14 the Court under the terms of the Agreement, are and shall be treated as confidential

15 business records. Neither Class Counsel, nor the Settlement Administrator, nor the

16 Claims Administrator nor CDM, shall divulge any such documents to any third party

17 unless so ordered by a court after notice to Defendants and an opportunity for Defendants

18 to object to such disclosure and to be heard. Upon expiration of this Agreement, Class

19 Counsel, the Claims Administrator, and the Settlement Administrator shall promptly

20 destroy any and all documents in any format Defendants furnished under this Agreement.

21 This provision shall not prevent a Party from filing otherwise confidential documents

22 with the Court, provided that, either: (a) such documents are filed under seal; or (b) Class

23 Counsel give ten (10) days advance notice to Defendants, to permit opportunity to seek a

24 protective order sealing such documents.

25

C. Compliance and Status Conference

26

During the period set forth in Section VI.A of this Agreement, the Parties shall

27 conduct an annual status conference with the Settlement Administrator, with a report to

28 the Court following the status conference to discuss the status of implementation of the

29 Agreement. The Parties shall be represented at the status conference. No Party shall file

17

Case 2:18-cv-00242-DGC Document 88 Filed 02/18/20 Page 29 of 46

1 any document with the Settlement Administrator in conjunction with the status

2 conference, unless directed to do so by the Settlement Administrator.

3 XII. MONETARY RELIEF AND CLAIMS PROCEDURE

4

A. Persons Entitled to Monetary Damages

5

1. The Claims Administrator shall determine that a claimant is a

6 member of the Primary Class if it can reasonably be determined from Defendants’

7 records and/or the information provided in the claim form that the claimant was a

8 Registered Guest at a Motel 6 Location in the United States during the Class Period

9 whose Guest Information was provided to Federal Immigration Authorities by a Motel 6

10 Location in the United States.

11

2. The Claims Administrator shall determine that a claimant is a

12 member of Class 2 if it can reasonably be determined from Defendants’ records and/or

13 the information provided in the claim form that the claimant was a Guest at a Motel 6 in

14 the United States during the Class Period who was not a Registered Guest, and was

15 questioned, interrogated, detained, and/or placed in immigration removal proceedings by

16 Federal Immigration Authorities as a result of a Motel 6 Location’s disclosure of Guest

17 Information to Federal Immigration Authorities.

18

B. The Settlement Amount

19

1. The total amount available to make awards to Class Members shall

20 be $10,000,000.00 (Ten Million Dollars) (the “Settlement Amount”). Under no

21 circumstances shall the Claims Administrator make payments to Class Members that in

22 total exceed the Settlement Amount.

23

2. If the total amount due to valid claimants exceeds the Settlement

24 Amount, the amount to be paid to each valid claimant shall be reduced proportionally so

25 that the total does not exceed the Settlement Amount.

26

3. If the total amount due to valid claimants is less than the Settlement

27 Amount, the remaining funds shall be distributed, within thirty (30) days of the last

28 payment to a Class Member, as follows:

18

Case 2:18-cv-00242-DGC Document 88 Filed 02/18/20 Page 30 of 46

1

a. The first $500,000 (Five Hundred Thousand Dollars) shall be

2

returned to Defendants;

3

b. The next $500,000 shall be deposited in a cy pres fund, as set

4

forth in Section 4 below (the “Cy Pres Fund”);

5

c. The next $500,000 shall be returned to Defendants;

6

d. The next $500,000 shall be deposited to the Cy Pres Fund;

7

e. The next $500,000 shall be returned to Defendants; and

8

f. All remaining amounts, if any, shall be deposited in the Cy Pres

9

Fund.

10

4. All amounts deposited in a Cy Pres Fund in accordance with Section

11 XII.B.3, above, shall be distributed as follows, subject to Court approval:

12

a. Florence Immigrant & Refugee Rights Project (FIRRP)

13

i.

FIRRP is a 501(c)(3) nonprofit legal service

14 organization providing free legal education, services, and representation to men, women,

15 and unaccompanied children in immigration custody in Arizona and assistance to

16 attorneys.

17

ii.

FIRRP is the only organization in Arizona that

18 provides free legal and social services to detained men, women, and children under threat

19 of deportation/removal.

20

iii.

The Parties have agreed to allocate thirty-five percent

21 (35%) of the Cy Pres Fund to FIRRP.

22

b. Northwest Immigrant Rights Project (NIRP)

23

i.

NIRP promotes justice by defending and advancing the

24 rights of immigrants through direct legal services, systemic advocacy, and community

25 education.

26

ii.

NIRP’s legal services are critical to helping thousands

27 of immigrants in Washington State navigate the complexities of the United States

28 immigration system so they can apply for asylum or other forms of immigration

29 protection.

19

Case 2:18-cv-00242-DGC Document 88 Filed 02/18/20 Page 31 of 46

1

iii.

The Parties have agreed to allocate thirty-five percent

2 (35%) of the Cy Pres Fund to NIRP.

3

c. National Immigration Justice Center (NIJC)

4

i.

NIJC is committed to protecting the rights for the

5 women, men, children and families who flee to the United States seeking safety and

6 security, as well as those who have long been contributing members of our communities.

7

ii.

For more than 30 years, NIJC has provided quality

8 low-cost immigration legal services to over 10,000 individuals per year throughout the

9 United States.

10

iii.

The Parties have agreed to allocate fifteen percent

11 (15%) of the Cy Pres Fund to NIJC.

12

d. TheDream.US

13

i.

TheDream.US is the nation’s largest college access

14 and success program for DREAMers. TheDream.US works with a community of

15 partners to provide students who have lived most of their lives in the United States, but

16 are not citizens, the opportunity to attend and succeed in high education. TheDream.US’s

17 approach is designed to scale and deliver relevant and sustainable impact through

18 financial support, community building, and academic guidance.

19

ii.

The Parties have agreed to allocate fifteen percent

20 (15%) of the Cy Pres Fund to TheDream.US.

21

e. Should the Court refuse to approve one or more of the

22 proposed cy pres recipients, the approved recipients shall each receive their proportional

23 share of the funds that would have been paid to the unapproved recipient(s). Should the

24 Court refuse to approve any cy pres recipient, the unclaimed funds shall be deposited into

25 an escrow account while the Court and/or the Parties determine who should receive them.

26

C. Awards of Monetary Damages to Class Members

27

1. Each Class Member may be awarded the following amounts, which

28 may be aggregated, subject to any reduction required by Section XII.C.2 of this

29 Agreement:

20

Case 2:18-cv-00242-DGC Document 88 Filed 02/18/20 Page 32 of 46

1

a. If the claimant is a Registered Guest, $75 for the

2 disclosure of the claimant’s Guest Information;

3

b. If the claimant experienced an encounter with Federal

4 Immigration Authorities as a result of the disclosure of Guest Information by a

5 Motel 6 Location, then:

6

i. If the claimant was arrested by Federal

7

Immigration Authorities, $5,000;

8

ii. If the claimant was detained at least one full night,

9

$5,000 per night in detention;

10

iii. If the claimant was placed in immigration removal

11

proceedings, $10,000;

12

iv. If the claimant was detained at least one full night

13

and/or was placed in immigration removal

14

proceedings, and had minor children or other

15

dependents at the time the claim arose, $10,000 per

16

dependent;

17

v. If the claimant incurred legal fees to defend his or

18

her presence in the United States, the actual amount

19

of the fees incurred and documented, not to exceed

20

$200,000;

21

vi. If the claimant incurred other out-of-pocket

22

expenses associated with participation in

23

immigration proceedings, the actual amount of the

24

expenses incurred and documented, not to exceed

25

$25,000; and

26

c. Under no circumstances shall the total award to any

27 Class Member exceed $200,000.

28

2. For the avoidance of doubt, nothing in this Agreement shall preclude

29 any Class Member from obtaining compensation under the Washington Settlement.

21

Case 2:18-cv-00242-DGC Document 88 Filed 02/18/20 Page 33 of 46

1 However, should the total value of valid claims determined by the Claims Administrator

2 for the Settlement Class (the “Total Value”) exceed the Settlement Amount, those Class

3 Members who received compensation from the Washington Settlement (the “Washington

4 Class Members”) shall have their awards in this matter reduced as follows:

5

a. If the total amount paid to the Washington Class Members from

6

the Washington Settlement is equal to or more than the

7

difference between the Total Value and the Settlement Amount,

8

then the amount paid to each Washington Class Member from

9

the Settlement Amount shall be reduced by the amount each

10

received from the Washington Settlement; and

11

b. If the total amount paid to the Washington Class Members from

12

the Washington Settlement is less than the difference between the

13

Total Value and the Settlement Amount, then the amount paid to

14

each Washington Class Member from the Settlement Amount

15

shall be reduced on a pro rata basis until the Total Value equals

16

the Settlement Amount.

17

3. Notwithstanding Section XII.C.2, should the Court conclude that

18 anything in this section serves to treat class members inequitably, this Section XII.C.2

19 shall have no force and effect and the rest of the Agreement shall operate as if this

20 paragraph were not included.

21

D. Costs

22

1. Defendants shall pay the costs of notice to Class Members and

23 Injunctive Relief Class Members, and claims administration (the “Administration

24 Costs”), not to exceed $1,000,000.00. The Claims Administrator and the Settlement

25 Administrator will, respectively, conduct class notice and class administration in

26 consultation with the Parties. The Claims Administrator will invoice Defendants directly

27 for its fees and costs.

28

2. Defendants shall also pay the costs and fees incurred as a result of

29 the retention of CDM, pursuant to the terms of the agreement among CDM, the Claims

22

Case 2:18-cv-00242-DGC Document 88 Filed 02/18/20 Page 34 of 46

1 Administrator, MALDEF, and G6, which amounts shall not be included in the cap on

2 Administration Costs above.

3

E. Funding of the Settlement Amount and Costs

4

1. The Claims Administrator will open and administer an interest-

5 bearing account (“Settlement Account”) designated by Class Counsel and with a unique

6 Taxpayer Identification Number, with earned interest added to the Settlement Amount.

7

2. After Effective Approval and within seven (7) days after the Claims

8 Administrator has informed Defendants in writing that it is prepared to distribute the

9 payments to the members of the Settlement Class (or whichever is later), Defendants will

10 wire the following amounts to the Settlement Account:

11

(a) $10,000,000 for the Settlement Amount; and

12

(b) $1,000,000 for the Administration Costs, or whichever lesser amount

13

the Class Administrator has reported as the total Administration Costs; and

14

(c) $500,000 for payment of the Class Counsel Payment, as defined in

15

Section XIII of this Agreement.

16

3. Upon payment of agreed upon fees to CDM and to the Settlement

17 Account of the amounts set forth in Section XII.E.2, Defendants shall have no further

18 monetary obligation to Releasors, including no obligation to pay any funds for

19 distribution to Class Representatives or members of the Settlement Class; no obligation to

20 pay costs of mailed notices and expenses associated with the claims procedure; no

21 obligation to pay any amount to Class Counsel; no obligation to pay any other amount to

22 the Claims Administrator or Settlement Administrator; and no obligation to pay any other

23 settlement administration costs.

24

F. Notice

25

1. Mailed Notice: Within twenty (20) days following the Preliminary

26 Approval Date, Defendants shall provide the Claims Administrator and CDM with the

27 full names and last known addresses and phone numbers, to the extent available in

28 Defendants’ records, of all Guests whom Defendants have identified as potential Class

23

Case 2:18-cv-00242-DGC Document 88 Filed 02/18/20 Page 35 of 46

1 Members, in Excel format. Within twenty (20) days following the Preliminary Approval

2 Date, Class Counsel shall provide the Claims Administrator with a computer readable list

3 in Excel format of the Plaintiffs and all known potential Class Members and their mailing

4 addresses. Prior to the mailing of the notices, the Claims Administrator will combine

5 these lists of potential Class Members received from Defendants and Class Counsel and

6 update any new address information for potential Class Members as may be available

7 through the National Change of Address system. The Claims Administrator shall

8 determine through a computer database search the most recent address that may be

9 obtained for each person on the combined list of potential Class Members. Within sixty

10 (60) days of the Preliminary Approval Date, the Claims Administrator shall mail, via first

11 class postage, notice of class settlement, in both English and Spanish, in the form

12 approved by the Court in the Preliminary Approval Order, to all known potential Class

13 Members at their last known address and at the most recent address that may have been

14 obtained through the computer database search.

15

2. Published Notice: The Claims Administrator shall cause to be

16 published the notice of the class settlement in the form approved by the Court in the

17 Preliminary Approval Order on Class Counsel’s Facebook and Twitter accounts (in

18 English and Spanish) and on the website established by the Claims Administrator.

19 Within twenty (20) days of the Preliminary Approval Date, the Claims Administrator

20 shall enable the website referenced in the previous sentence. Within thirty (30) days of

21 the Preliminary Approval Date, Class Counsel shall cause the Facebook and Twitter

22 notices to be published on Class Counsel’s Facebook and Twitter feeds. The Claims

23 Administrator shall also conduct a targeted social media campaign and targeted search

24 engine advertisement campaign to provide notice to other who may be Class Members or

25 Injunctive Relief Class Members.

26

3. Class Counsel shall be responsible for all Spanish translations of the

27 notice materials.

24

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1

G. Best Notice Practicable

2

The Parties agree, and the Preliminary Approval Order shall state, that compliance

3 with the procedures described in Section XII.F is the best notice practicable under the

4 circumstances and shall constitute due and sufficient notice to the Settlement Class and

5 the Injunctive Relief Class of the pendency of the Action, certification of the Settlement

6 Class and the Injunctive Relief Class, the terms of the Agreement, and the Final Approval

7 Hearing, and shall satisfy the requirements of the Federal Rules of Civil Procedure, the

8 United States Constitution, and any other applicable law.

9

H. Inquiries from Class Members

10

It shall be the responsibility of Class Counsel to establish procedures for receiving

11 and responding to inquiries from Class Members and Injunctive Relief Class Members

12 with respect to this Agreement. Neither Defendants nor Defendants’ counsel are required

13 to respond to inquiries from Class Members or Injunctive Relief Class Members with

14 respect to this Agreement, except to refer inquiries to Class Counsel.

15

I. Objections and Exclusions

16

1. Objections

17

a. Class Members and Injunctive Relief Class Members

18 objecting to the terms of the Agreement must do so in writing at least thirty (30) days

19 prior to the scheduled Final Approval Hearing. The written objection must be filed with

20 the Court thirty (30) days prior to the scheduled Final Approval Hearing, as specified in

21 the Preliminary Approval Order.

22

b. The written objection must include (1) a detailed statement

23 with specificity of the reasons for the objection; (2) the objecting Class Member’s or

24 Injunctive Relief Class Member’s name, address, and telephone number; (3) the date and

25 location of the Operated Location at which the objecting Class Member or Injunctive

26 Relief Class Member stayed; (4) the circumstances (if any) in which the Class Member or

27 Injunctive Relief Class Member was questioned, interrogated, detained, and/or placed in

28 immigration removal proceedings by Federal Immigration Authorities; (5) whether the

29 objection applies only to the objector, to a specific subset of the class, or to the entire

25

Case 2:18-cv-00242-DGC Document 88 Filed 02/18/20 Page 37 of 46

1 class; and (6) any other requirements set forth in the notices described in Section XII.F.

2 Any Class Member or Injunctive Relief Class Member that fails to file a timely written

3 objection that meets the requirements of this Section XII.I.1, or any Class Member or

4 Injunctive Relief Class Member who submits a valid request for exclusion shall have

5 waived the right to object and shall have no right to file an appeal relating to the approval

6 of this settlement.

7

2. Exclusions

8

a. Class Members may exclude themselves, or opt-out, of the

9 Settlement Class. Any request for exclusion must be in the form of a written “Opt-out”

10 statement sent to the Claims Administrator. Information on how to opt-out of the

11 Settlement Class shall be made available by the Claims Administrator. A person wishing

12 to opt-out must sign a statement which includes the following language:

13

I understand that I am requesting to be excluded from the class monetary

14

settlement and that I will receive no money from the settlement entered into

15

by Motel 6. I understand that if I am excluded from the class monetary

16

settlement, I may bring a timely separate legal action seeking damages, but

17

may receive less than what I would have received if I had filed a claim

18

under the class monetary settlement procedure in this case, including

19

possibly receiving nothing. I also understand that I may not seek exclusion

20

from the class for injunctive relief and that I am bound by the injunctive

21

provisions of the Agreement entered into by Motel 6.

22

b. A Class Member choosing to opt-out of the Settlement Class

23 shall sign and date the opt-out statement and file it with the Court thirty (30) days prior to

24 the scheduled Final Approval Hearing, as specified in the Preliminary Approval Order.

26

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1

3. Rescission of Class Member Opt-Outs

2

a. The Parties recognize that some Class Members who initially

3 submit Opt-out forms may, upon further reflection, wish to rescind such Opt-out

4 statements. Class Members may rescind their Opt-out statements by submitting a

5 “Rescission of Opt-out” statement to the Claims Administrator. The Rescission of Opt-

6 out statement shall include the following language:

7

I previously submitted an Opt-out statement seeking exclusion from the

8

class monetary settlement. I have reconsidered and wish to withdraw my

9

Opt-out statement. I understand that by rescinding my Opt-out, I may be

10

eligible to receive an award from the claims settlement fund and may not

11

bring a separate legal action against Motel 6 seeking damages.

12

b. A Class Member wishing to rescind his or her Opt-out from

13 the Settlement Class shall sign and date the Rescission of Opt-out statement and file it

14 with the Court no later than the deadline for claims filing period specified in the

15 Preliminary Approval Order.

16

c. The Claims Administrator shall retain copies of all

17 Rescissions of Opt-out statements until such time as the Claims Administrator is relieved

18 of its duties and responsibilities under this Agreement.

19

J. Claims Administration

20

1. The Claims Administrator shall (1) prepare and mail settlement

21 notices and claim forms to potential Class Members; (2) establish and operate a website

22 designed to provide information to and communication with potential Class Members and

23 Injunctive Relief Class Members; (3) receive and evaluate claims eligibility; (4) seek

24 additional information from claimants, when appropriate; (5) receive and file Opt-out

25 statements and objections; (6) respond to questions from potential Class Members and

26 Injunctive Relief Class Members; (7) implement the allocation plan; (8) maintain a toll-

27 free number for communicating with Class Members and Injunctive Relief Class

28 Members; and (9) perform any other duties necessary to carry out its responsibilities set

29 forth in this Agreement.

27

Case 2:18-cv-00242-DGC Document 88 Filed 02/18/20 Page 39 of 46

1

2. The Claims Administrator shall make claim forms available to

2 potential Class Members who submit oral, e-mail, or written requests for claim forms.

3 The Claims Administrator shall mail the requested claim form via first class postage

4 within two (2) business days after receiving a request. If Defendants, or their counsel,

5 receive requests for claim forms or for information regarding the class settlement, they

6 shall refer such requestors to the toll-free number established by the Claims

7 Administrator for the purpose of administering this Agreement. The requestors shall be

8 informed that any requests for claim forms or information should be directed to the

9 Claims Administrator. The Claims Administrator shall retain copies of all written

10 requests for claim forms and all records of oral or e-mail requests for claim forms until

11 such time as it has completed its duties and responsibilities under this Agreement.

12

K. Submission of Claim Forms

13

Class Members who seek monetary damages must complete a claim form and

14 cause it to be filed with the Claims Administrator by the claim filing deadline set forth in

15 the Preliminary Approval Order. The claim form must be postmarked or submitted

16 online on or before such date in order to be considered timely. All claim forms must be

17 signed under penalty of perjury to be considered. Failure to file a timely claim form, for

18 any reason whatsoever, shall bar the potential Class Member from having his or her claim

19 considered and from receiving monetary damages from the Settlement Account.

20 Potential Class Members who file a claim form must notify the Claims Administrator of

21 any change of address. A failure to notify the Claims Administrator of a change of

22 address may result in the forfeiture of a monetary award. The Claims Administrator shall

23 be available through a toll-free line and via e-mail through the website established by the

24 Claims Administrator to respond to requests from potential Class Members for assistance

25 in completing and filing claim forms. Class Counsel shall also be available to consult

26 with potential Class Members.

28

Case 2:18-cv-00242-DGC Document 88 Filed 02/18/20 Page 40 of 46

1

L. Deceased Claimants

2

Claims may be filed by deceased claimants through representatives of their estate

3 if appropriate documentation is provided. Any claims paid to a deceased claimant shall

4 be made payable to the estate of the deceased claimant.

5

M. Determining Eligibility

6

1. The Claims Administrator shall make the determination as to

7 whether a claim form is complete. If it is not complete, the Claims Administrator shall

8 request additional information from the claimant, if it appears that such additional

9 information would complete the claim form. Such requests for information shall be in

10 writing and shall specify the information necessary to complete the claim form. The

11 requests for information will be sent via first class mail, printed in English and Spanish,

12 and inform the claimant that a response must be returned no later than forty-five (45)

13 days from the date the request for information was mailed. The claimant must provide

14 the requested information, signed under penalty of perjury, to the Claims Administrator

15 by mail with a postmark no later than forty-five (45) days from the date of the mailed

16 request for information. Such additional information shall be considered part of the

17 original claim form and will relate back to the original filing date. The failure of a

18 claimant to timely respond to the request for information may result in the denial of the

19 claim.

20

2. Claimants who, for good cause shown, cannot submit the requested

21 information to complete the claim form, must provide the requested information, signed

22 under penalty of perjury, to the Claims Administrator by mail with a postmark no later

23 than sixty (60) days from the date of the mailed request for information.

24

N. Late-Filed Claims

25

1. For claims received after the filing deadline, the Claims

26 Administrator shall notify late-filing claimants that their claims are untimely and that they

27 are not eligible for any monetary award. The Claims Administrator shall also inform late-

28 filing claimants that they may seek a review of the determination that they filed untimely

29 by requesting the Claims Administrator to reconsider its determination.

29

Case 2:18-cv-00242-DGC Document 88 Filed 02/18/20 Page 41 of 46

1

2. The Claims Administrator may reverse its determination that a claim

2 was not timely filed only if the claimant proves that (1) the claim form was filed on or

3 before the filing deadline and that the untimeliness determination is erroneous; or (2) that

4 he or she could not timely complete the claim form due to exceptional circumstances,

5 which includes deportation, change of address, or other events that the Claims

6 Administrator may consider.

7

O. Appeals of Claims Eligibility

8

1. Within ninety (90) days of the close of the claims filing period, all

9 ineligible claimants shall receive written notice of their ineligibility for monetary

10 damages. Any claimants wishing to seek review of their ineligibility determinations must

11 do so by returning a written request for review to the Claims Administrator online or by

12 mail with a postmark no later than twenty-one (21) days from the date of the notice of

13 claim ineligibility. Failure to file a timely request for review shall bar a claimant from

14 challenging a determination of ineligibility.

15

2. The Claims Administrator shall resolve the requests for review based

16 on the written requests for review and any other documentation or written information

17 submitted by the claimant, or deemed necessary by the Claims Administrator. The

18 Claims Administrator may seek further written information from the claimant as to the

19 basis of their request and may consider the written arguments of Class Counsel or

20 Defendants.

21

3. The Claims Administrator shall attempt to expeditiously resolve any

22 requests for review within sixty (60) days after the filing of the request for review. The

23 Claims Administrator's decisions shall be communicated to the claimant in writing and

24 shall be binding and nonappealable.

25

P. Claimant Information Provided by Defendants

26

The Parties understand and agree that Defendants may possess information that

27 may assist in the determination of eligibility of potential Class Members for monetary

28 damages. Defendants shall reasonably cooperate in providing such information that

29 Class Counsel or the Claims Administrator deems reasonably necessary to assist in

30

Case 2:18-cv-00242-DGC Document 88 Filed 02/18/20 Page 42 of 46

1 determining the eligibility of any potential Class Member for monetary damages.

2 Defendants shall attempt to provide such information within fourteen (14) days of any

3 written requests for the information.

4

Q. Distribution of the Monetary Damages

5

As soon as practicable after final approval of the Agreement by the Court, the

6 Claims Administrator shall distribute the monetary damages to Class Members via first

7 class mail. The Claims Administrator shall only issue checks in the name of the Class

8 Members unless Section XII.L is applicable. Included with the check due to the Class

9 Member will be a statement showing the gross amount of the payment.

10

R. Report from Claims Administrator

11

Within thirty (30) days of the distribution of the monies from the Settlement Fund,

12 the Claims Administrator shall furnish an accounting of all distributions from the

13 Settlement Fund to the Court with copies to Class Counsel and Defendants.

14 XIII. ATTORNEYS’ FEES, COSTS, AND EXPENSES

15

A. Settlement of Fees, Costs, and Expenses

16

Defendants shall pay Class Counsel’s reasonable attorneys’ fees, litigation

17 expenses, and costs in the amount of $500,000.00 (the “Class Counsel Payment”) for

18 work performed and costs and expenses incurred. This Class Counsel Payment is made

19 in full satisfaction of any arguable obligation Defendants may have at law to pay

20 attorneys’ fees, litigation expenses, and costs for and/or on behalf of the Plaintiffs, Class

21 Representatives, and the Releasing Class for any and all work performed and costs and

22 expenses incurred, except for any recovery under Section X.B.8.

23

B. Class Counsel Payment

24

The Claims Administrator shall make the Class Counsel Payment from a

25 Settlement Account within fourteen (14) days following Effective Approval. MALDEF

26 shall have sole responsibility to distribute a portion of the Class Counsel Payment to

27 other Class Counsel. Once Defendants make the Class Counsel Payment to MALDEF,

28 no Class Counsel may assert any claim for such payments from Defendants.

31

Case 2:18-cv-00242-DGC Document 88 Filed 02/18/20 Page 43 of 46

1 XIV. Miscellaneous Provisions

2

A. No Admission of Liability

3

This Agreement does not constitute and shall not be deemed to be a finding or

4 determination by the Court, or an admission by any Party, regarding the merits, validity

5 or accuracy of any of the allegations, claims or defenses presented in the Action. This

6 Agreement represents the compromise of disputed claims that the Parties recognize

7 would require protracted and costly litigation to determine. Defendants deny that they

8 have engaged in any unlawful conduct of any kind associated with the claims alleged in

9 the Action, and Defendants’ entry into this Agreement is not and may not be used by any

10 person in this action or any other proceeding as an admission or evidence that any Motel

11 6 Entity has on any occasion engaged in any unlawful conduct of any kind, such being

12 expressly denied. Defendants are not estopped from challenging class certification in

13 further proceedings in this action or in any other action if the Agreement is not finally

14 approved.

15

B. Severability of the Agreement

16

Whenever possible, each provision and term of this Agreement shall be interpreted

17 in such a manner as to be valid and enforceable; provided, however, that in the event that

18 after Effective Approval any provision or term of this Agreement should be determined

19 to be or rendered unenforceable on collateral review, all other provisions and terms of

20 this Agreement and the application to all persons and circumstances shall remain

21 unaffected to the extent permitted by law. If any application of any provisions or term of

22 this Agreement to any specific person or circumstance should be determined to be invalid

23 or unenforceable, the application of such provision or term to other persons or

24 circumstances shall remain unaffected to the extent permitted by law.

25

C. Duty to Support and Defend the Agreement

26

Class Representatives, Class Counsel, and Defendants each agree to abide by all of

27 the terms of this Agreement in good faith and to support it fully, and shall use Best

28 Efforts to defend this Agreement from any legal challenge, whether by appeal or

29 collateral attack.

32

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1

D. No Assignment

2

Each Party represents, covenants, and warrants that he, she, or it has not directly or

3 indirectly assigned, transferred, encumbered, or purported to assign, transfer, or

4 encumber any portion of any liability, claim, demand, cause of action, or rights that he,

5 she, or it releases in this Agreement.

6

E. Binding on Successors and Assigns

7

This Agreement shall be binding upon and inure to the benefit of the Parties and

8 their respective heirs, trustees, executives, successors, and assigns. Without limiting the

9 generality of the foregoing, each and every covenant and agreement made by Plaintiffs

10 shall be binding upon all Class Members.

11

F. Entire Agreement

12

This Agreement contains the entire understanding of the Parties with respect to the

13 subject matter contained. There are no promises, representations, warranties, covenants,

14 or undertakings governing the subject matter of this Agreement other than those

15 expressly set forth in this Agreement. This Agreement supersedes all prior agreements

16 and understandings among the Parties with respect to the settlement of the Action,

17 including, but not limited to, the settlement agreement filed by the Parties with the Court

18 on November 2, 2018. This Agreement may not be changed, altered, or modified, except

19 in writing signed by the Parties; if any such change, alteration, or modification of the

20 Agreement is material, it must also be approved by the Court.

21

G. Construction

22

The Parties agree that the terms and conditions of this Agreement are the result of

23 lengthy, intensive, arm’s-length negotiations between the Parties, and that this Agreement

24 shall not be construed in favor of or against any Party by reason of the extent to which

25 any Party, or his, her, or its counsel, participated in the drafting of this Agreement.

33

Case 2:18-cv-00242-DGC Document 88 Filed 02/18/20 Page 45 of 46

1

H. Captions

2

Titles or captions contained in this Agreement are inserted as a matter of

3 convenience and for reference, and in no way define, limit, extend, or describe the scope

4 of this Agreement or any provision.

5

I. Class Member Signatures

6

It is agreed that, because the Class Members are so numerous, it is impractical to

7 have each Class Member execute this Agreement. The Notice will advise all Class

8 Members of the binding nature of the releases and of the remainder of this Agreement,

9 and in the absence of a valid and timely Request for Exclusion, such Notice shall have

10 the same force and effect as if each Class Member executed this Agreement.

11

J. Choice of Law

12

Construction and interpretation of this Agreement shall be determined in

13 accordance with the laws of the State of Arizona, without regard to choice-of-law

14 principles.

15

K. Counterparts

16

This Agreement and any amendments may be executed in one or more

17 counterparts, and either Party may execute any such counterpart, each of which when

18 executed and delivered shall be deemed to be an original and both of which counterparts

19 taken together shall constitute one and the same instrument. A facsimile or PDF

20 signature shall be deemed an original for all purposes.

21

L. Authority

22

The signatories represent that they are fully authorized to enter into this

23 Agreement and bind the Parties to the terms and conditions of this Agreement.

24

M. Receipt of Advice of Counsel

25

The Parties acknowledge, agree, and specifically warrant to each other that they

26 have read this Agreement, have received legal advice with respect to the advisability of

27 entering into this settlement, and fully understand its legal effect.

34

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