Case 8:12-cv-01137-CBM-AJW Document 148 Filed 07/29/13 Page 1 of 3 Page ID #:3433

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STUART F. DELERY Acting Assistant Attorney General AUGUST E. FLENTJE Senior Counsel for Immigration DAVID J. KLINE Director, Office of Immigration Litigation District Court Section JEFFREY S. ROBINS Assistant Director AARON S. GOLDSMITH (VSB No. 45405) Senior Litigation Counsel P.O. Box 868, Ben Franklin Station Washington, D.C. 20044 Telephone: (202) 532-4107 Facsimile: (202) 305-7000 Email: aaron.goldsmith@usdoj.gov TIMOTHY M. BELSAN Trial Attorney Attorneys for Defendants UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF CALIFORNIA MARTIN ARANAS, et al., ) ) Plaintiffs, ) ) v. ) ) JANET NAPOLITANO, Secretary, ) Department of Homeland Security, ) et al., ) Defendants. ) ______________________________ ) No. 8:12-cv-1137-CBM (AJWx) DEFENDANTS OPPOSITION TO MOTION TO MODIFY STAY AND FOR PRELIMINARY INJUNCTION RE: CLASS MEMBERS/ INTERVENORS Hearing: August 19, 2013 Time: 10:00 a.m. Judge: Hon. Consuelo Marshall

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Case 8:12-cv-01137-CBM-AJW Document 148 Filed 07/29/13 Page 2 of 3 Page ID #:3434

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Defendants oppose the Motion to Modify Stay and for Preliminary Injunction Re: Class Members/Intervenors Alexander Bustos Garcia and Holga Martinez for four reasons. See Dkt. 134. First, as more fully set forth in Defendants Opposition to Plaintiffs Motion for Summary Judgment (filed contemporaneously), this action is moot because there is no longer a live case or controversy. See Steel Co. v. Citizens for a Better Envt, 523 U.S. 83, 94 (1998) (Jurisdiction is power to declare the law, and when it ceases to exist, the only function remaining to the court is that of announcing the fact and dismissing the cause.) (citations omitted). Because this Court lacks jurisdiction over Proposed Intervenors claims, it cannot grant Proposed Intervenors any relief. Second, as more fully set forth in Defendants Opposition to Proposed Intervenors Motion to Intervene (also filed contemporaneously) the Proposed Intervenors should not be permitted to intervene under Rule 24 of the Federal Rules of Civil Procedure. Because they have no right to intervene, there is no need for this Court to determine whether they have a right to individualized relief. Third, the class in this action was certified under Rule 23(b)(2) of the Federal Rules of Civil Procedure seeking relief for the class as a whole. See Dkt. 127. Permitting the combination of individualized and classwide relief in a (b)(2) class is also inconsistent with the structure of Rule 23(b). Wal-Mart Stores, Inc. v. Dukes, 131 S. Ct. 2541, 2558 (2011) (elaborating on the differences between a (b)(2) and (b)(3) class). As a result, even if Proposed Intervenors were permitted to intervene, they would not be entitled to any individualized relief. See id. Fourth, as more fully set forth in Defendants Opposition to Plaintiffs Motion to Modify Stay, Reconsider Motion for Preliminary Injunction, and Issue Class-Wide Preliminary Injunction (filed contemporaneously), the Department of Homeland Security is currently implementing the Windsor decision. In light of 2

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Case 8:12-cv-01137-CBM-AJW Document 148 Filed 07/29/13 Page 3 of 3 Page ID #:3435

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these efforts, even if Proposed Intervenors were permitted to raise a claim for individualized relief, their claims would be moot. WHEREFORE, this Court should deny Proposed Intervenors Motion to Modify Stay and for Preliminary Injunction Re: Class Members/Intervenors Alexander Bustos and Holga Martinez and grant such other and further relief as is appropriate.

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Dated: July 29, 2013

Respectfully submitted, STUART F. DELERY Acting Assistant Attorney General AUGUST E. FLENTJE Senior Counsel for Immigration DAVID J. KLINE Director, Office of Immigration Litigation JEFFREY S. ROBINS Assistant Director s/ Aaron S. Goldsmith AARON S. GOLDSMITH Senior Litigation Counsel District Court Section Office of Immigration Litigation P.O. Box 868, Ben Franklin Station Washington, DC 20044 Attorneys for Defendants

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