2020-10-14 - Dkt. 38 - Joint Stipulation To Stay Pending Settlement (Filed) PDF
2020-10-14 - Dkt. 38 - Joint Stipulation To Stay Pending Settlement (Filed) PDF
Plaintiff,
vs. Case No. 4:20-cv-00079
Defendants.
On this 14th day of October, 2020, the Parties, by and through their
undersigned counsel, hereby stipulate and agree to stay this case in light of the
Accordingly, the Parties move this Court to vacate the October 15, 2020
hearing, and to stay all deadlines in this proceeding pending further motion of
the parties and/or the entry of a stipulation of dismissal. As provided in the attached
Settlement Agreement, this Court retains jurisdiction to enforce the terms of this
agreement until the dismissal of this case in accordance with the Parties’
agreement.
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Respectfully submitted,
ERIC WOMACK
Assistant Branch Director, Federal Programs
Branch
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Plaintiff,
vs. Case No. 4:20-cv-00079
Defendants.
PROPOSED ORDER
15, 2020 hearing is VACATED; it is further ORDERED that all deadlines in this action
are STAYED pending further Order of the Court or the dismissal of this action.
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Plaintiff,
vs. Case No. 4:20-cv-00079
Defendants.
AGREEMENT
WHEREAS Plaintiff has brought this suit seeking to enjoin certain operational
changes allegedly implemented by the United States Postal Service (“USPS”), so that
Supplemental Guidance making clear that the operational changes of which Plaintiff
complains have been and will be resolved until after the 2020 November Election.
lawsuit and potentially reduce the cost and burden of additional litigation.
issued on September 21, 2020, and attached hereto as Exhibit A. These include,
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but are not limited to, restrictions on the reductions of retail hours, the removal of
collection boxes, the closure or consolidation of mail processing facilities, and the
removal of mail sorting machines; establishing the policy that “late or extra trips
that are reasonably necessary to complete timely mail delivery [are] not to be
or newly restricted; and permitting hiring for Craft positions pursuant to the
in Paragraph 7.
Mail Beginning October 1” issued on September 25, 2020, and attached hereto as
manner consistent with the long-standing practices of the United States Postal
Service.
as required by the Orders entered by federal district courts on September 28, 2020
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For purposes of this Agreement, the term “Election Mail” shall refer to any item
mailed to or from authorized election officials that enables citizens to participate in
the voting process, including but not limited to voter registration materials, absentee
or mail-in ballot applications, polling place notifications, blank ballots, and completed
ballots.
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04096 (E.D. Pa. Sept. 28, 2020) (McHugh, J.) (attached hereto as Exhibit C), on
al.; No. 20-CV-03127 (E.D. Wa. Sept. 17 and Oct. 2, 2020) (Bastian, J.) (attached
hereto as Exhibits D and E), and on September 21 and 25, (ECF Nos. 49 and 57)
in Jones v. U.S. Postal Service et al.; No. 20-CV-6516 (S.D.N.Y. Sept. 21 and 25,
5. This Court shall retain jurisdiction over this matter to ensure that
directives and this Agreement to the Court’s attention, Plaintiff shall submit written
Such notice shall specify precisely the basis for the alleged breach, and shall
describe with particularity all of the facts and circumstances supporting such claim.
Defendants shall have a period of forty-eight (48) hours after the receipt of such
notice described herein to take appropriate action to resolve the alleged claim.
Plaintiff may not bring any dispute regarding an alleged breach to the Court until
7. The Parties agree that they shall jointly move that all deadlines in this
action shall be stayed during the period that this Agreement is in effect. The Parties
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further agree that they will voluntarily dismiss this action without prejudice on
November 30, 2020, so long as there are no unresolved disputes pending on that
date as to Defendants’ compliance with the Court’s directives and this Agreement
date of the dismissal of this action, all obligations under this Agreement expire
by Defendants of the truth of any allegations or the validity of any claim asserted
9. Each Party shall bear its own costs, fees, and expenses.
negotiated compromise. The Parties agree that any rule of construction under
which any terms or latent ambiguities are construed against the drafter of a legal
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such performance.
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which shall be deemed an original, and all of which together shall be deemed one
ERICvVOMACK
Assistant Branch Director, Federal Programs
Branc
J SEPH E. BORSON
KUNTAL V. CHOLERA
ALEXIS ECHOLS
DENAM.ROTH
JOHN ROBINSON
Trial Attorney
U.S. Department ofJustice
Civil Division, Federal Programs Branch
1100 L Street, NW
Washington, D.C. 20005
(202) 616-8489
[email protected]