Citation Codes Equivalent Citations citation codes Docket Number Civ. Nos. 97-3093(DRD), 98-1282(DRD). Judges Dickinson Richards Debevoise Acts Aliens And Nationality — Immigration And Nationality — Immigration — Miscellaneous — Right To Counsel See more information ... Smart Summary Please sign up to generate summary. HAWA ABDI JAMA, et al. Plaintiffs, v. UNITED STATES IMMIGRATION AND NATURALIZATION SERVICE, et al. Defendants. SAMSON BROWN, et al. Plaintiff, on behalf of themsel ORDER DICKINSON DEBEVOISE, Senior District Judge The parties in these consolidated cases have made numerous motion now pending before the court. Those motions are described in detail in the Opinion of even date that corresponds to this Order. The terms "Brown," "Jama," "Esmor," and "Esmor Officers" as used in this Order shall have the meanings ascribed to them in that Opinion. Notice has been given to all parties. In consideration of the submissions and arguments of counsel, and for the reasons set forth in the Court's Opinion of even date, IT IS, on this 9th day of September 2004, ORDERED as follows: 1. Defendant Esmor's motion for summary judgment in Brown is GRANTED with respect to Plaintiffs' claims under the U.S. Constitution and under 8 U.S.C. § 1362 (the Sixth Cause of Action in the Amended Complaint); with respect to their claims for breach of contract (the Fifth Cause of Action); and with respect to their claims of knowing, reckless, and intentional failure to properly screen, hire, train and otherwise manage employees (the Second Cause of Action). JUDGMENT IS ENTERED in Esmor's favor on those claims. In all other respects the motion is DENIED. 2. In Jama a. Plaintiffs' claims against David McLean are DISMISSED by consent. b. Claims asserted by all Plaintiffs except the nine listed below are DISMISSED without prejudice on account of their failure to opt out of the Brown class. The Plaintiffs whose claims survive are Hawa Abdi Jama Anantharajah Jeyakumar Abu Bakar Cecilia Kou Jeffrey Abraham Kenneth [Kenneh] Dennis Raji Agatha Scrwaa Shamimu Nanteza Sarah Yetch. c. The motion by Esmor and Esmor Officers to dismiss claims asserted against Defendants who have not been served is GRANTED with respect to Defendants Hughes, Figel, Wilson, Phil, Mohammed, Michelle, Kutz, Hayes, Feder, and Edider. d. The motion by Esmor and the Esmor Officers to dismiss claims against John and Jane Does 2-50 is GRANTED. e. Claims against Defendant Vanderpuye are DISMISSED on the Court's own motion for failure to prosecute. f. The motion by Esmor and Esmor Officers to dismiss claims by Plaintiff Yower is DENIED as moot (as her claims will be dismissed pursuant to 2.b. above). g. All motions by Defendants to strike portions of Plaintiffs' opposition papers are DENIED. h. The motion by Professors of International Law for leave to appear as amici curiae is GRANTED. I. All individual Defendants are DEEMED TO HAVE AMENDED their answers to assert the affirmative defense of qualified immunity. j. Decision on all other pending motions in Jama will continue to be RESERVED.