ALEX MUNSON, Chief Judge, District
PURSUANT TO the settlement agreement and release entered into by the parties and incorporated into the stipulated judgment signed by the court on December 3, 2002, the parties have submitted proposed alien labor rules and regulations for future use by the Commonwealth Department of Labor.
THE PARTIES having represented to the court that they have met and conferred and worked together to draft the proposed administrative rules and regulations, and that the regulations were crafted to meet the requirements of due process and the Commonwealth's Administrative Procedures Act, and that they believe this submission represents good-faith compliance with the terms of their settlement agreement and the orders of the court; NOW, THEREFORE,
IT IS ORDERED that the parties are discharged from their duties under this portion of their settlement agreement. The court is satisfied with the representations of the attorneys as officers of the court that they have fulfilled their mutual obligation to draft proposed rules and regulations and that the draft presented to the court will now be published by the Department of Labor, made available for public comment, and adopted by the Department within a reasonable period of time. Because the court cannot foresee problems which may arise in the future, the court is not prepared to, nor should it, "endorse" or "approve" the draft, but it does recognize and commend the effort of the parties. The final measure of good faith will be demonstrated by the implementation and utilization of the rules and regulations, which will benefit not only the Department, but those who come in contact with its procedures. The court will remain ready to assist should any further problems arise. In the event of a true case or controversy the court will always be available, of course, to any allegedly aggrieved party.
Nothing in this order shall be used or interpreted to be dispositive of any issue now pending before the U.S. Court of Appeals for the Ninth Circuit in Sagana v. Tenorio, Appeal No. 03-15779.
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