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Kirwa v. United States Department of Defense

United States District Court, District of Columbia

May 23, 2018

MAHLON KIRWA, et al., Plaintiffs,
v.
UNITED STATES DEPARTMENT OF DEFENSE, et al., Defendants

          MEMORANDUM OPINION AND ORDER

          ELLEN SEGAL HUVELLE UNITED STATES DISTRICT JUDGE.

         Before the Court is defendants' motion to clarify the Kirwa class certification order, ECF No. 83. “[T]here is no Federal Rule of Civil Procedure specifically governing “motions for clarification.” United States v. Philip Morris USA Inc., 793 F.Supp.2d 164, 168 (D.D.C. 2011). “The general purpose of a motion for clarification is to explain or clarify something ambiguous or vague, not to alter or amend.” Id. (citation omitted). The Court will deny defendants' motion because there is nothing ambiguous or vague about the class definition.

         The Court's class certification order entered on December 1, 2017-granting plaintiffs' unopposed motion for class certification-defines the Kirwa class as

all persons who
(1) have enlisted in the U.S. military through the Military Accessions Vital to the National Interest (“MAVNI”) program prior to October 13, 2017,
(2) have served in the Selected Reserve of the Ready Reserve (“Selected Reserve”), and
(3) have not received a completed and duly authenticated Form N-426.

(ECF No. 48; see also ECF No. 32 (provisionally certifying the same class for purposes of preliminary injunctive relief on October 27, 2017).) Similarly, the December 4, 2017 class notice agreed to by the parties described class membership in the following manner:

         You are a member of the class in this litigation if you meet the following criteria:

• You are an enlistee in the Military Accessions Vital to the National Interest (“MAVNI”) program;
• You enlisted prior to October 13, 2017;
• You have served in the Selected Reserve; and
• You have not received a completed and signed Form N-426 from DOD.

(ECF No. 54-1.) Defendants have filed the instant motion ...


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