Disputes Regarding Implementation. The Government will implement the terms laid out in Claims 1 3 of this Agreement within thirty (30) days of the Effective Date (the “Implementation Date”) USCIS will implement the terms laid out in Claim 4 within sixty (60) days of the Effective Date (the “Claim 4 Implementation Date”) Within ten (10) days of the Implementation Date and the Claim 4 Implementation Date, respectively, the Government will provide written reports confirming that it has implemented the terms of this Agreement and detailing the steps the Government has taken 1 to do so (the “Implementation Report”) For the purposes of Claim 4, 2 implementation refers to the programmatic change outlined in Section IV B, 3 the acceptance of requests to re open Class Member cases upon request as 4 provided above, and the ability to adjudicate Class Member applications per 5 the procedures outlined above All Class Member applications will be 6 adjudicated in the normal course of business and will not be given special 7 priority over applications by non Class Members 8 1. 10 11 12 13 14 15 16 17 2. 18 19 20 21 22 23 24 25 3. 26 27 28 If, after receiving an Implementation Report (or in the event the Government fails to timely provide an Implementation Report on either the Implementation Date or the Claim 4 Implementation Date), Plaintiff believes that any part of this Agreement has not been implemented or lacks sufficient information to determine whether the Agreement has been implemented, Plaintiff will provide the Government with written notice and an opportunity to cure any such failure within thirty (30) days of such written notice (the “Cure Period”) The Parties may agree to extend the Cure Period in writing If, after the expiration of the Cure Period (and any mutually agreed extensions thereof), Plaintiff believes that the Government has still failed to implement the terms of this Agreement or to provide the Implementation Report, either Party may seek review from Judge Xxxxxx (or her successor, hereinafter, the “Mediator”) The Mediator shall be empowered to issue binding decisions and to order the Government to take specific measures necessary to implement the terms of this Agreement Notwithstanding the foregoing, if before the Cure Period Expires, Plaintiff has a good faith belief that immediate, irreparable harm to a Class Member or members is imminent and cannot be resolved within 28 3 4 B. 6 7 the thirty (30) day time frame specified in Section VII A 1, the Parties agree that Plaintiff need...
Disputes Regarding Implementation. The Government will implement the 9 terms laid out in Claims 1-3 of this Agreement within thirty (30) days of the 10 Effective Date (the “Implementation Date”). USCIS will implement the terms 11 laid out in Claim 4 within sixty (60) days of the Effective Date (the “Claim 4 12 Implementation Date”). Within ten (10) days of the Implementation Date and 13 the Claim 4 Implementation Date, respectively, the Government will provide 14 written reports confirming that it has implemented the terms of this Agreement 15 and detailing the steps the Government has taken to do so (the “Implementation 16 Report”). For the purposes of Claim 4, implementation refers to the 17 programmatic change outlined in Section IV.B, the acceptance of requests to 18 re-open Class Member cases upon request as provided above, and the ability 19 to adjudicate Class Member applications per the procedures outlined above. 20 All Class Member applications will be adjudicated in the normal course of 21 business and will not be given special priority over applications by non-Class
