SETTLEMENT AGREEMENT RE ATTYS FEES AND COSTS.PDF

SETTLEMENT AGREEMENT RE ATTORNEYS’ FEES AND COSTS
This Settlement Agreement is made this day of May, 2021, by and among, Maricopa
__
County, Arizona (“the County”); Sheriff Paul Penzone (“the Sheriff’) (the Sheriff and the
County hereinafter referred to collectively as “the Defendants”); and the Plaintiff and the
Plaintiff class in Manuel De Jesus Ortega Melendres, et al. v. Penzone, et al., Case No, CV-07-
2513-PHX-GMS (“Melendres”), currently pending in the United States District Court for the
District of Arizona, along with all counsel representing Plaintiffs and the Plaintiff class in
Melendres and the entities or organizations with which such counsel are affiliated (all of the
foregoing hereinafter referred to collectively as “the Parties”).
WHEREAS Plaintiffs in Melendres have presented the County with a demand for
attorneys’ fees and related non-taxable expenses for billable work done and expenses incurred in
the period from and including May 1, 2019 through August 31, 2020 (“Demand”); and
WHEREAS the Parties have come to an agreement to resolve the claims and issues raised
in and/or pertaining to the Demand;
IT IS THEREFORE AGREED:
1, The County shall pay a total of $375,606.63 (“Settlement Amount”), in full and
complete satisfaction of any claims subsumed within the Demand by Plaintiffs, the Plaintiff
Class, or Plaintiffs’ attorneys who have performed work in Melendres on behalf of Plaintiffs
and/or the Plaintiff Class might have to recover fees and/or non-taxable costs from either or both
of the Defendants for or in connection with any work performed on or after May 1, 2019 and
through and including August 31, 2020, or for or in connection with the negotiation,
documentation, or implementation of this Settlement Agreement. The Settlement Amount shall
be allocated and paid as follows:
American Civil Liberties Union-Arizona $136,506.04
American Civil Liberties Union Immigrants’ Rights Project $43,596.46
Covington & Burling LLP $36,088.83
Mexican American Legal Defense and Educational Fund $84,029.78
James B. Chanin $75,385.52
Anne Lai $0
2. By entering into this Settlement Agreement and making the aforementioned
payment, the County shall not be deemed to have waived or compromised any rights it may have
to seek indemnity or contribution with respect to such payment from any person or entity other
than Plaintiffs, the Plaintiff Class, or Plaintiffs’ attorneys, and all such rights are hereby

expressly reserved. Similarly, by entering into this Settlement Agreement, the Sheriff shall not
be deemed to have waived or compromised any rights or defenses he may have with regard to
any claim for indemnity or contribution asserted by the County with respect to the payment made
pursuant to this Settlement Agreement, and all such rights and defenses are hereby expressly
reserved, The County and the Sheriff shall not seek indemnity or contribution against Plaintiffs,
the Plaintiff Class or Plaintiffs’ attorneys, and shall hold Plaintiffs, the Plaintiff Class and
Plaintiffs’ attorneys harmless from any claims or causes of action that may arise out of any such
claim for indemnity or contribution asserted by the County or the Sheriff.
3, Payment of the amounts specified in Paragraph | above shall be made by the
County on or before May 31, 2021.
4. None of the Patties to this Agreement may refer to, rely on, or use in any way the
fact of this settlement, or the Settlement Amount referred to in it, to make any argument or
support any position with respect to any application for fees and/or costs in Melendres or any
other litigations (except for the purpose of enforcing the terms of or performing this Settlement
Agreement). Notwithstanding the foregoing limitations imposed on the Parties in this Paragraph
4, nothing in this Agreement shal! be construed to limit any Party’s right and ability to refer to,
rely on, or use in any way the fact of this settlement and/or the Settlement Amount in any action
by the County and/or the Sheriff seeking indemnity or contribution with respect to any portion or
all of the Settlement Amount.
5. In particular, the Parties agree that this settlement and the Settlement Amount are
irrelevant to, and shall not be relied on or used in any way to make any argument or to support,
position regarding any other subsequent attorney fee application that may be filed in
any
Melendres, or in any appeal from any Judgment or Order issued by the District Court in that case.
Nothing in this Settlement Agreement shall be construed to waive or limit any right Plaintiffs
have to apply in Melendres for reasonable fees for, and reasonable expenses incurred in
may
connection with, any work performed after August 31, 2020 to assess, confirm, monitor, or
assure compliance with the Court’s orders in Melendres, or in relation to any successful
contempt and/or enforcement motions or actions initiated by Plaintiffs in Melendres.
6. In exchange for the payments prescribed in Paragraph 1 above, Plaintiffs, the
Plaintiff Class, and Plaintiffs’ attorneys who have performed work in Melendres on behalf of
Plaintiffs and/or the Plaintiff Class agree to release, forfeit, and forever extinguish any and all
claims or rights they might have under 42 U.S.C. § 1988, or any other federal or State statute or
common law theory, to recover from either or both of the Defendants any fees or non-taxable
costs incurred as a result of, or in relation to, work performed in connection with Melendres in
the period from on or after May 1, 2019 and continuing through August 31, 2020, or as a result
of, or in relation to, work performed in any earlier period, and any fees or costs incurred in
connection with the negotiation, documentation, and implementation of this Settlement
Agreement.
7. All counsel signing this Settlement Agreement on behalf of Plaintiffs and the
Plaintiff Class warrant by their signatures that they are duly authorized by their clients and the
respective organizations or entities on whose behalf they are affixing their signatures to enter
Page 2 of 8

into this Settlement Agreement on behalf of Plaintiffs, the Plaintiff Class, and the respective
entity or organization with which each such signatory attorney is affiliated and that appears in
each such attorney’s signature block.
8. The fact that the Sheriff and the County have entered into this Settlement
Agreement and agreed to its terms shall not be construed to waive or compromise in any way
any rights that either or both of them may have to take an appeal from any Judgment or Order of
the District Court in Melendres, or to seek further appellate review of a decision rendered by an
appellate court on any such appeal.
9. All Parties understand and agree that this Settlement Agreement shall not become
effective unless and until it is approved by a majority vote of the Maricopa County Board of
Supervisors.
10. This Settlement Agreement constitutes the entire agreement among the Parties
with respect to the resolution of any claim that has been, or could be, asserted by Plaintiffs, the
Plaintiff Class, or Plaintiffs’ attorneys who have performed work in Melendres on behalf of
Plaintiffs and/or the Plaintiff Class, for any fees and expenses sought in the Demand, and for any
fees and expenses incurred, or to be incurred, in the negotiation, documentation, and/or
implementation of this Settlement Agreement. The Settlement Agreement supersedes in their
entirety and renders of no force or effect any prior agreements, understandings, and
representations concerning such resolution.
11. This Settlement Agreement may be executed in counterparts, each of which shall
be deemed an original and all of which, when taken together, shall constitute one and the same
instrument. The Settlement Agreement shall be deemed to have been made, and it shall become
effective, on the later of the date when the last signature below is inscribed, or the date on which
the Maricopa County Board of Supervisors approves the Settlement Agreement.
Counsel for Plaintiff and the Plaintiff Class:
Date: By:
Cecillia D. Wang
ACLU Foundation
Immigrants’ Rights Project
Date: By:
Victoria Lopez
ACLU Foundation of Arizona
Page 3 of 5

Date: By:
Stanley Young
Covington & Burling, LLP
Date:
Belinda Escobosa
Mexican American Legal Defense and
Educational Fund
Date:
James B. Chanin
Law Offices of James B. Chanin
Date:
Anne Lai
Counsel for Defendant Maricopa County, Arizona:
Date: By:
Richard K. Walker
Walker & Peskind, PLLC
Counsel for Defendant Sheriff Paul Penzone:
Date: By:
Joseph I. Vigil
Maricopa County Attorney’s Office
AAdTITTTT
FITTTTETT
Page 4 of 5

Maricopa County Board of Supervisors:
Date: By:
Jack Sellers
Chairman
Page 5 of 5

into this Settlement Agreement on behalf of Plaintiffs, the Plaintiff Class, and the respective
entity or organization with which each such signatory attorney is affiliated and that appears in
each such attorney’s signature block.
8. The fact that the Sheriff and the County have entered into this Settlement
Agreement and agreed to its terms shall not be construed to waive or compromise in any way
any rights that either or both of them may have to take an appeal from any Judgment or Order of
the District Court in Me/endres, or to seek further appellate review of a decision rendered by an
appellate court on any such appeal.
9. All Parties understand and agree that this Settlement Agreement shall not become
effective unless and until it is approved by a majority vote of the Maricopa County Board of
Supervisors.
10. This Settlement Agreement constitutes the entire agreement among the Parties
with respect to the resolution of any claim that has been, or could be, asserted by Plaintiffs, the
Plaintiff Class, or Plaintiffs’ attommeys who have performed work in Melendres on behalf of
Plaintiffs and/or the Plaintiff Class, for any fees and expenses sought in the Demand, and for any
fees and expenses incurred, or to be incurred, in the negotiation, documentation, and/or
implementation of this Settlement Agreement. The Settlement Agreement supersedes in their
entirety and renders of no force or effect any prior agreements, understandings, and
representations concerning such resolution.
11. This Settlement Agreement may be executed in counterparts, each of which shall
be deemed an original and all of which, when taken together, shall constitute one and the same
instrument. The Settlement Agreement shall be deemed to have been made, and it shall become
effective, on the later of the date when the last signature below is inscribed, or the date on which
the Maricopa County Board of Supervisors approves the Settlement Agreement.
Counsel for Plaintiff and the Plaintiff Class:
May 5, 2021 yoy IOI
Date. by.
Cecillia D. Wang Cs
ACLU Foundation
Immigrants’ Rights Project
Date: By:
Victoria Lopez
ACLU Foundation of Arizona
Page 3 of 5

into this Settlement Agreement on behalf of Plaintiffs, the Plaintiff Class, and the respective
with which each such signatory attorney is affiliated and that appears in
entity or organization
each such attorney’s signature block.
8. The fact that the Sheriff and the County have entered into this Settlement
and agreed to its terms shall not be construed to waive or compromise in any way
Agreement
rights that either or both of them may have to take an appeal from any Judgment or Order‘of
any
the District Court in Melendres, or to seek further appellate review of a decision rendered by an
appellate court on any such appeal.
9. All Parties understand and agree that this Settlement Agreement shall not become
effective unless and until it is approved by a majority vote of the Maricopa County Board of
Supervisors.
10. This Settlement Agreement constitutes the entire agreement among the Parties
with to the resolution of any claim that has been, or could be, asserted by Plaintiffs, the
respect
Plaintiffs’ attorneys who have performed work in Melendres on behalf of
Plaintiff Class, or
Plaintiffs and/or the Plaintiff Class, for any fees and expenses sought in the Demand, and for any
fees and incurred, or to be incurred, in the negotiation, documentation, and/or
expenses
of this Settlement Agreement. The Settlement Agreement supersedes in their
implementation
entirety and renders of no force or effect any prior agreements, understandings, and
representations concerning such resolution.
11. This Settlement Agreement may be executed in counterparts, each of which shall
original and all of which, when taken together, shall constitute one and the same
be deemed an
The Settlement Agreement shall be deemed to have been made, and it shall become
instrument.
the later of the date when the last signature below is inscribed, or the date on which
effective, on
the Maricopa County Board of Supervisors approves the Settlement Agreement.
Counsel for Plaintiff and the Plaintiff Class:
Date: By:
Cecillia D. Wang
ACLU Foundation
Immigrants’ Rights Project
ee
(lun
4] 4 | 2021 al
pate:
. Victoria Lapgz
i
ACLU Foundation of Arizona
Page 3 of §

Date: By:
Stanley Young
Covington & Burling, LLP
Date: By:
Belinda Escobosa
Mexican American Lega! Defense and
Educational Fund
Date: By:
James B. Chanin
Law Offices of James B. Chanin
Kobo.
Date: 5/5/21 By:
Anne Lai
Counsel for Defendant Maricopa County, Arizona:
Date: By:
Richard K. Walker
Walker & Peskind, PLLC
Counsel for Defendant Sheriff Paul Penzone:
Date: By:
Joseph L. Vigil
Maricopa County Attorney’s Office
Hfiftitil
TTAETiT TT
Page 4 of 5

May 2 aor
Date: By:
Stafley You x
Covingto
Date: By
Belinda Escobosa
Mexican American Legal Defense and
Educational Fund
Date: By:
James B, Chanin
Law Offices of James B. Chanin
Date: By:
Anne Lai
Counsel for Defendant Maricopa County, Arizona:
Date: By:
Richard K. Walker
Walker & Peskind, PLLC
Counsel for Defendant Sheriff Paul Penzone:
Date: By:
Joseph 1. Vigil
Maricopa County Attorney’s Office
LEdtsTTT YT
TTETTTTTT
Page 4 of 5


Date: By:
Stanley Young
Covington & Burling, LLP
f
Date: 5/6/2021 By: aw f
Belinda Escobosa
,
Mexican American Legal Defense and
Edueational Fund
Date: By:
James B. Chanin
Law Offices of James B. Chanin
Date: By:
Anne Lal
Counsel for Defendant Maricopa County, Arizona:
Date: By:
Richard K. Walker
Walker & Peskind, PLLC
Counse! for Defendant Sheriff Paul Penzone:
Date: By:
Joseph I. Vigil
Maricopa County Attorney’s Office
HTITTTTTE

Date: By:
Stanley Young
Covington & Burling, LLP
Date: By:
Belinda Escobosa
;
Mexican American Legal Defense and
Educational Fund
Date: By:
James B. Chanin
Law Offices of James B. Chanin
Date: By:
Anne Lai
Counsel for Defendant Maricopa County, Arizona:
= Pad
h Lobddet>
Date: May 6.2621 By:
G ° Rishard K, Walker
Walker & Peskind, PLLC
Counsel for Defendant Sheriff Paul Penzone:
a fi
° TA #
a Dal CLA.
Date: s} éfaez} By: Zo
ry Joseph I. Vigil Y
Maricopa County Attorney’s Office
Aitleddtl
TEE T
Page 4 of 5

Maricopa County Board of Supervisors:
Date: By:
Jack Sellers
Chairman
ATTEST:
Clerk of the Board
Date:
Approved as to form:
Deputy County Attorney
Date:
Page 5 of 5