United States District Court, District of Columbia
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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