STTLMT AGMT RE ATTY FEES - FULLY EXECUTED (3).PDF

SETTLEMENT AGREEMENT RE ATTORNEYS' FEES AND COSTS
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This Settlement Agreement is made this JD day of September, 2016, by and among,
Maricopa County, Arizona ("the County"); Sheriff Joseph M. Arpaio ("the Sheriff") and the
Unnamed Contemnors (Chief Deputy Sheriff Gerard Sheridan and Lieutenant Joseph Sousa) in
Manuel De Jesus Ortega Melendres, et al. v. Arpaio, et al., Case No. CV-07-2513-PHX-GMS
("Melendres"), currently pending in the United States District Court for the District of Arizona;
former Chief Brian Sands ("Chief Sands"); and Plaintiffs and the Plaintiff Class certified by the
District Court in Melendres ("the Plaintiff Class"), along with all counsel representing them and
the entities or organizations with which such counsel are affiliated, in the aforementioned action
(all of the foregoing hereinafter referred to collectively as "the Parties").
Whereas Plaintiffs filed in Melendres a Supplemental Motion for Award of Attorneys'
Fees and Related Non-Taxable Expenses on July 20, 2016 (Doc. 1755) ("Supplemental Motion");
and
Whereas the Parties have come to an agreement to resolve the claims and issues raised in
and/or pertaining to the Supplemental Motion;
IT IS THEREFORE AGREED:
I. The County shall pay a total of $4,489,295 ("Settlement Amount"), in full and
complete satisfaction of any claims 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 non-taxable costs from any of the other Parties to this Agreement for or in
connection with any work performed on or prior to May 31, 2016, 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 $ 408,674.52
American Civil Liberties Union Immigrants' Rights Project 1,048,660.32
Covington & Burling LLP 2,611,789.90
Mexican American Legal Defense and Educational Fund 147,589.91
Anne Lai 126,541.10
James B. Chanin 146,039.25
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, the Unnamed
Contemnors, and Chief Sands shall not be deemed to have waived or compromised any rights or
defenses they 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, the Sheriff; the Unnamed
Contemnors and Chief Sands 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, the Sheriff, the Unnamed Contemnors, and/or
Chief Sands.
3. Payment of the amounts specified in Paragraph 1 above shall be made by the
County on or before September 29, 2016,
4. None of the Parties 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 shall 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 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
any position, regarding any other subsequent attorney fee application that may be filed in
Melendres, or in any appeal from any Judgment or Order issued by the District Court in that case,
or with respect to an application for attorneys' fees and costs in another prior appeal arising out
of Melendres and currently pending in the United States Court of Appeals for the Ninth Circuit,
Case Nos. 13-16285 and 13-17238, Dkt. 89. Nothing in this Settlement Agreement shall be
construed to waive or limit any right Plaintiffs may have to apply in Melendres for reasonable
fees for any work performed after May 3 L, 2016 to assess, confirm, monitor or assure
compliance with the Court's orders in Melendres and on any successful contempt and/or
enforcement motions or actions in Melendres,
6. In exchange for the payments prescribed in Paragraph I 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 any or all of the other Parties to this Settlement Agreement
any fees or non-taxable costs incurred as a result of work performed in connection with
Melendres through May 31, 2016, and any fees or costs incurred in connection with the
negotiation, documentation, and implementation of this Settlement Agreement in accordance
with its terms.
Page 2 of 5

7. Upon receipt of the payments prescribed in Paragraph I above, Plaintiffs shall file
with the District Court in Melendres a paper withdrawing their Supplemental Motion (Doc.
1755). The text of the aforementioned paper shall state, in its entirety: "Plaintiffs hereby
withdraw with prejudice their pending application for attorneys' fees and non-taxable costs (Doe.
1755), based on a settlement entered into by or on behalf of Plaintiffs, the Plaintiff Class, and
Plaintiffs' attorneys who have performed work in Melendres on behalf of Plaintiffs and/or the
Plaintiff Class, on the one hand, and Maricopa County, Sheriff Joseph M. Arpaio, the Unnamed
Contemnors (Chief Deputy Gerard Sheridan and Lieutenant Joseph Sousa), and former Chief
Brian Sands, on the other."
8. 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
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.
9. The fact that the Sheriff, the Unnamed Contemnors, Chief Sands, 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 any or all 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.
10. 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.
11. 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 ally fees and expenses sought in the Supplemental
Motion, 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.
12. 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.
Page 3 of 5

Counsel for Plaintiff and the Plaintiff Class:
Date: By:
Cecilia D. Wang
Andre I, Segura
Nida Vidutis
ACLU Foundation
Immigrants' Rights Project
Date: By:
Daniel Pochocla
Brenda Munoz Furnish
ACLU Foundation of Arizona
Date: By:
Anne Lai
University of California, Irvine — School
of Law
Immigrants' Rights Clinic
Date: By:
Stanley Young
Tammy Albarran
Lauren E. Pedley
Covington & Burlin%LLP
Date: By:
Julia Gomez
Mexican American Legal Defense and
Educational Fond
Date: By:
James B. Chanin
Law Offices of James B. Chanin
Page 4 of 5

Counsel for Plaintiff and the Plaintiff Class:
Date: By:
Cecilia D. Wang
Andre I. Segura
Nidalutis
ACLU Foundation
immigrants' Rights Project
Date:
ael ni Poe hoda
Brenda Munoz furnish
ACLU Foundation of Arizona
Date: By:
Anne Lai
University of California, Irvine — School
of Law
Immigrants' Rights Clinic
Date: By:
Stanley Young
Tammy Albarran
Lauren E. Pedley
Covington & Burling, LLP
Date: By:
Julia Gomez
Mexican American Legal Defense and
Educational Fund
Date: By:
James B. Chanin
Law Offices of James B. Chain
Page 4 of

Counsel for Plaintiff and the Plaintiff Class:
Date: By:
Cedilla D. Wang
Andre 1. Segura
Nida Vidutis
ACLU Foundation
immigrants' Rights Project
Date: By:
Daniel ° Poehoda
Brenda Munoz Furnish
ACLU Foundation of Arizona
Date: 0.0 f‘e By:
Anil Lai
ACLU Foundation of Arizona
Cooperating Attorney
Date: By:
Stanley Young
Tammy Al barmn
Lauren E. Pedley
Covington & Burling, LLP
Date: By:
Julia Gomez
Mexican American Legal Defense and
Educational Fund
Date: By:
James B. Chanin
Law Offices of James B. Chanin
Page 4 of 5

Counsel for Plaintiff and the Plaintiff Class:
Date: By:
Cedilla D. Wang
Andre I. Segura
Nida Vidutis
ACLU Foundation
Immigrants' Rights Project
Date: By:
Daniel Poehoda
Brenda Munoz Furnish
ACLU Foundation of Arizona
Date: By:
Anne Lai
University of California, Irvine — School
of Law
Immigrants' Rights Clinic
0 a a
Date: --)grie" "r 11`) By:
Stanley Youn
Tammy Albarran
Lauren E. Ped ey
Covington & Burling, ELF
Date: By:
Julia Gomez
Mexican American Legal Defense and
Educational Fu nd
Date: (0 r .1-(2 „„.&v- ( 4 , ) By:
Jams B. Chanin 6i Y
Law Offices of James B. Chanin c'v't:25
f el..-4k 0
fr-e
Page 4 of 5

Counsel for Plaintiff and the Plaintiff Class:
Date: By:
Cedilla D. Wang
Andre L Segura
Nida Vidutis
ACLU Foundation
Immigrants' Rights Project
Date: By:
Daniel Poehoda
Brenda Munoz Furnish
ACLU Foundation of Arizona
Date: By:
Anne Lai
University of California, Irvine — School
of Law
Immigrants' Rights Clinic
Date: By:
Stanley Young
Tammy Albarran
Lauren E. Pedley
Covington & Burling, LLP
By:
Date: c?1/ 1/ /10 tte
Julia Gomez Gomez
Mexican American Legal Defense and
Educational Fund
Date: By:
James B. Chanin
Law Offices of James B. Chanin
Page 4 of 5

Counsel for Defendant Maricopa County, Arizona:
Date: 1- 15 - 11D By:
Richard K. Walker
Walker & Peskind, PLLC
Counsel for Sheriff Joseph M. Arpaio and the Unnamed Contemnors:
Date: By:
John T. Masterson
Joseph J. Popolizio
Jones Skelton & Hochuli, PLC
Counsel for Former Chief Brian Sands:
Date: By:
M. Craig Murdy
Lewis Brisbois Bisgaard & Smith LLP
Page 5 of 5

Counsel for Defendant Maricopa County, Arizona:
Date: By:
Richard K. Walker
Walker & Peskind, PLLC
Counsel for Sheriff Joseph M. Arpaio and the Unnamed Contemnors:
Date: .e5gel.-. 1°5 By: ?-r
John-VMasterson
Joseph J. Popolizio
Jones Skelton & Hoehuli, PLC
Counsel for Former Chief Brian Sands:
Date: By:
M. Craig Murdy
Lewis Brisbois Bisgaard 8z Smith LLP
Page 5 of 5

Counsel for Defendant Marieopa County, Arizona:
Date: By:
Richard K. Walker
Walker & Peskind, PLLC
Counsel for Sheriff Joseph M. Arpaio and the Unnamed Contemnors:
Date: By:
John T. Masterson
Joseph J. Popolizio
Jones Skelton & Hochuli, PLC
Counsel for Former Chief Brian Sands:
By:
Lewis Brisbois Bispard & Smith LLP
Page 5 of 5

Settlement Agreement Re Attorneys’ Fees and Costs
C-19-17-014-M-00
FOR MARICOPA COUNTY:
Chairman Date
Maricopa County Board of Supervisors
ATTEST:
__________________________________________
Clerk of the Board of Supervisors Date