United States District Court, D. Columbia.
For Carl A. Barnes, Dernard Hawkins, David Peterson, Maurice Williams, Plaintiffs: William Charles Cole Claiborne , III, LEAD ATTORNEY, LAW OFFICES OF WILLIAM CLAIBORNE, III, Washington , DC; Barrett S. Litt, KAYE, MACLANE, BEDNARSKI & LITT, Pasadena , CA; Paul J. Estuar, LITT, ESTUAR & KITSON, LLP, Los Angeles , CA; Ralph Douglas Robinson, LAW OFFICES OF WILLIAM CLAIBORNE, III, Washington , DC; Stacey R. Brown, LITT, ESTUAR & KITSON, LLP, Pasadena , CA.
For Toney James Malloy, On behalf of all others similarly situated, Plaintiff: Barrett S. Litt, KAYE, MACLANE, BEDNARSKI & LITT, Pasadena , CA; Paul J. Estuar, LITT, ESTUAR & KITSON, LLP, Los Angeles , CA; Ralph Douglas Robinson, LAW OFFICES OF WILLIAM CLAIBORNE, III, Washington , DC; Stacey R. Brown, LITT, ESTUAR & KITSON, LLP, Pasadena , CA; William Charles Cole Claiborne , III, LAW OFFICES OF WILLIAM CLAIBORNE, III, Washington , DC.
For District of Columbia, Government of, Defendant: Ellen A. Efros, LEAD ATTORNEY, OFFICE OF THE ATTORNEY GENERAL, Civil Litigation Division, Washington , DC; Grace Graham, LEAD ATTORNEY, OFFICE OF THE ATTORNEY GENERAL, Washington , DC; Andrew J. Saindon, D.C. OFFICE OF ATTORNEY GENERAL, Washington , DC; Keith David Parsons, OFFICE OF THE ATTORNEY GENERAL FOR THE DISTRICT OF COLUMBIA, Washington , DC.
Royce C. Lamberth, United States District Judge.
Upon consideration of the plaintiffs' Motion to Extend Time  and the defendant's Opposition  thereto, the Court hereby GRANTS the plaintiffs' Motion and extends the deadline for filing claim forms to April 25, 2014.
Prior opinions of this Court have detailed the complex factual and procedural background of this litigation at length. See, e.g., Barnes v. District of Columbia, 793 F.Supp.2d 260 (D.D.C. 2011). For present purposes, the Court will recount only those facts relevant to this opinion.
Plaintiffs--a class of individuals alleging improper detention and/or strip searching by the District of Columbia Department of Corrections--filed suit in 2006, claiming violations of the Fourth, Fifth, and Eighth Amendments. The parties reached a settlement agreement on November 4, 2013, which the Court preliminarily approved on November 8, 2013. See Joint Mot. For Prelim. Approval by the Court, ECF No. 465, Ex. 2 (Settlement Agreement, Nov. 4, 2013) [hereinafter Settlement Agreement]; Prelim. Order of Approval of Settlement, ECF No. 466 [hereinafter Prelim. Order]. As the class members include current or former prisoners widely dispersed throughout the District and beyond, the Court's Order required that the class administrator provide the " best notice practicable under the circumstances." Prelim. Order ¶ 10. To this end, the settlement agreement provided for notice via newspapers, the internet, and posting in correctional facilities. Settlement Agreement ¶ 50(a)--(c). Once class members were notified of the settlement, the agreement required that members submit a Proof of Claim and Release Form (" claim form" ) by April 11, 2014. Id. Following a fairness hearing on March 18, 2014, the Court entered final approval of the settlement agreement. Final Order of Approval of Settlement, ECF No. 484 [hereinafter Final Order].
On April 10, 2014, class counsel filed the present motion, notifying the Court that, despite making a good faith effort to obtain and submit claim forms prior to the deadline, fourteen putative class members were unable to do so. Mot. for Extension of Time 2-3, ECF No. 488 [hereinafter Pls.' Mot.]. Each of these claimants requested a form in advance of the deadline, but was unable to receive, complete, and return the form before April 11. To accommodate these class members, class counsel has requested that the Court modify the Final Order and extend the claims deadline until April 25. For the reasons explained below, the Court GRANTS the plaintiffs' motion.
Collectively, Federal Rules of Civil Procedure 6(b) and 60(b) provide that a court may relieve a party from a final judgment in cases of " excusable neglect." In the class action context, the Court of Appeals has adopted the factors set forth by the Supreme Court in Pioneer Inv. Servs. Co. v. Brunswick Assocs. Ltd. P'ship, 507 U.S. 380, 113 S.Ct. 1489, 123 L.Ed.2d 74 (1993), to determine whether excusable neglect exists. In re Vitamins Antitrust Class Actions, 327 F.3d 1207, 1209, 356 U.S.App.D.C. 70 (D.C. Cir. 2003). These factors include: " (1) the danger of prejudice to the party opposing the modification, (2) the length of delay and its potential impact on judicial proceedings, (3) the reason for the delay, including whether it was within the reasonable control of the movant, and (4) whether the movant acted in good faith." Id. Significantly, excusable neglect " is a somewhat elastic concept and is not limited strictly to omissions caused by circumstances beyond the control of the movant." Id. at 1210 (internal quotations omitted). Applying these factors to the present case, the Court finds that modification of its Final Order is appropriate.
First, any prejudice to the District is minimal. In its Opposition, the District argues that, because the settlement agreement permits any funds not distributed to class members to revert to the District, " even a few additional claims will reduce [the reversion amount] as a matter of simple math." Mem. in Opp. to Mot. for Extension of Time 3, ECF No. 489 [hereinafter Def.'s Opp.]. Though true, that fact does not equate to any significant prejudice under these circumstances. Based upon the class definition, there are between 5,000 and 10,000 persons who are class members by virtue of being strip searched or improperly detained by the District. Pls.' Mot. 5. To date, only 1,582 have submitted claim forms. Id. The inclusion of an additional fourteen claims, and thus the danger of prejudice to the District, is infinitesimal in comparison to the District's potential exposure. Prejudice to the District is further reduced by the fact that, despite not having completed formal claim forms, the District was notified of the additional claims within the proper ...