Mann v. Heinauer et al

Filing 43

ORDER signed by Judge Garland E. Burrell, Jr. on 8/27/2014 IT IS HEREBY ORDERED that the any and all remaining claims in this matter be DISMISSED with prejudice and that the Court's final order is hereby ISSUED on this date in order that Plaintiff may file a direct appeal with the U.S. Appeals Court for the Ninth Circuit. Each party is responsible for its own costs and attorney's fees. CASE CLOSED (Reader, L)

1
2
3
4
5

Robert B. Jobe (Cal. State Bar #133089)
Sarah B. Castello (Cal. State Bar #244735)
LAW OFFICE OF ROBERT B. JOBE
550 Kearny Street, Suite 200
San Francisco, CA 94108
[phone] (phone)
[phone] (fax)
[e-mail]
Attorneys for Plaintiff.

6
UNITED STATES DISTRICT COURT

7

EASTERN DISTRICT OF CALIFORNIA

8
9
PRITPAL SINGH MANN,
10
11
12
13
14
15
16
17

)
)
)
)
Plaintiff,
)
)
)
)
V.
)
)
)
)
GERARD HEINAUER, et al.,
)
)
)
Defendants.
)
____________________________________)

No. 2:13-cv-00703-GEB-EFB

JOINT STIPULATION AND PROPOSED
ORDER TO DISMISS REMAINING
CAUSE OF ACTION AND ISSUE A
FINAL ORDER
Honorable Judge Garland E. Burrell, Jr.
Date:
Time:
Courtroom:

None
None
None

18
This is an immigration case in which Plaintiff challenges the USCIS’s delay in
19
adjudicating his Form I-485, Application for Adjustment of Status. On July 3, 2014, the Court
20
21
22
23

issued an Order denying Plaintiff’s partial motion for summary judgement and granting
Defendants’ partial order for summary judgment. With this Order, the Court decided only one
claim brought in Plaintiff’s initial complaint.
The parties hereby stipulate to voluntarily dismiss the remaining claim with prejudice and

24

agree that there are no outstanding claims in this matter. The parties also hereby request that the

25

Court now issue a final judgment in order that Plaintiff may file a direct appeal with the U.S.

26

Appeals Court for the Ninth Circuit. Each party is responsible for its own costs and attorney’s

27
28

1

fees.

2
3

Dated: August 25, 2014

Respectfully submitted,

4

LAW OFFICE OF ROBERT B. JOBE

5
6

/s/ Robert B. Jobe
Robert B. Jobe
Sarah B. Castello
Law Office of Robert B. Jobe

7

Attorneys for Plaintiff

8
9

BENJAMIN B. WAGNER
United States Attorney

10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

AUDREY B. HEMESATH
Assistant U.S. Attorney
STUART F. DELERY
Assistant Attorney General
WILLIAM C. PEACHEY
Director, District Court Section,
Office of Immigration Litigation
WILLIAM C. SILVIS
Assistant Director
Office of Immigration Litigation
/s/ Patricia E. Bruckner
PATRICIA E. BRUCKNER
Trial Attorney
United States Department of Justice
Civil Division
Office of Immigration Litigation
District Court Section
P.O. Box 868, Ben Franklin Station
Washington, D.C. 20044
[phone]
[phone] (fax)
[e-mail]

1

[PROPOSED] ORDER

2

Pursuant to stipulation and for the reasons stated therein, IT IS HEREBY ORDERED that
the any and all remaining claims in this matter be dismissed with prejudice and that the Court’s
final order is hereby issued on this date in order that Plaintiff may file a direct appeal with the
U.S. Appeals Court for the Ninth Circuit. Each party is responsible for its own costs and
attorney’s fees.

3
4
5
6

IT IS SO ORDERED.
Dated: August 27, 2014

7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

GARLAND E. BURRELL, JR.
Senior United States District Judge