Marcos Maria Godinez v. Commissioner of Social Security

Filing 17

Stipulation and ORDER for DISMISSAL, signed by Magistrate Judge Erica P. Grosjean on 3/6/17. CASE CLOSED. (Marrujo, C)

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ROCKWELL, KELLY, DUARTE & URSTOEGER, LLP
By: Sharon E. Kelly
State Bar No 187936
P.O. Box 0142
Modesto, CA 95353
Phone [phone]
Fax: [phone]

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Attorneys for Plaintiff

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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MARCOS MARIA GODINEZ,
Plaintiff,
vs.
NANCY A. BERRYHILL, Acting
Commissioner of Social Security,
Defendant

) Case No.: 1:16-cv-00789-EPG
)
) STIPULATION AND PROPOSED ORDER
) FOR DISMISSAL
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TO THE HONORABLE ERICA P. GROSJEAN, MAGISTRATE JUDGE OF THE
UNITED STATES DISTRICT COURT:
Nancy A. Berryhill is now the Acting Commissioner of Social Security. Pursuant to Rule

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25(d) of the Federal Rules of Civil Procedure, Nancy A. Berryhill should be substituted for

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Acting Commissioner Carolyn W. Colvin as the defendant in this suit. No further action needs

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to be taken to continue this suit by reason of the last sentence of section 205(g) of the Social

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Security Act, 42 U.S.C. § 405(g).

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IT IS HEREBY STIPULATED by and between Maria Marcos Godinez (“Plaintiff”) and
Nancy A. Berryhill as the Acting Commissioner of Social Security (“Defendant”), that this

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matter be dismissed with prejudice, each party to bear its own fees, costs and expenses. The

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parties enter into this Stipulation pursuant to the terms of F.R.Civ.P. Rule 41(a)(1)(A)(ii) and

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41(a)(1)(B).

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Dated: March 6, 2017

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By: /s/ Sharon E. Kelly
Sharon E. Kelly
Attorney for Plaintiff

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Respectfully submitted,

Dated: March 6, 2017

Phillip A. Talbert
United States Attorney
By: /s/ Donna Wade Anderson
(Per e-mail authorization)
Donna Wade Anderson
Special Assistant United States Attorney

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ORDER
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On March 6, 2017, the parties filed a stipulation dismissing this action with prejudice.
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(ECF No. 16.) All parties have agreed to the stipulation. In light of the stipulation, this action has
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been terminated, see Fed. R. Civ. P. 41(a)(1)(A)(ii); Wilson v. City of San Jose, 111 F.3d 688,
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692 (9th Cir. 1997), and has been dismissed with prejudice. Accordingly, the Clerk of the Court
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is DIRECTED to close this case.
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IT IS SO ORDERED.

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Dated:
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March 6, 2017

/s/
UNITED STATES MAGISTRATE JUDGE

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