Rashid v. Johnson, et al

Filing 22

STIPULATION and ORDER signed by District Judge John A. Mendez on 6/30/17: The matter is dismissed. This Court retains jurisdiction to adjudicate a Motion submitted by Plaintiff under the Equal Access to Justice Act. (Kaminski, H)

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Ruby Lieberman California State Bar # 154304
369 Pine Street, #725
San Francisco, CA 94104
Tel. [phone]
Fax. [phone]
Attorney for Plaintiff

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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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Babar RASHID,

No. 2:14-cv-2109-JAM-KJN

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Plaintiff,
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v.
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DEPARTMENT OF HOMELAND
SECURITY, John F. Kelly,
Secretary; et al.,

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JOINT STIPULATION AND
ORDER RE: DISMISSAL
AND EAJA MOTION

Defendants.
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Plaintiff was sworn in as a U.S. citizen on June 28, 2017.

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The parties therefore stipulate to voluntary dismissal of this

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case with this Court retaining jurisdiction to consider

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Plaintiff’s Motion for Attorney fees pursuant to the Equal Access

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to Justice Act, the deadline for which is governed by 28 USC §

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2412 (d).

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17, 2017, which will be within 30 days of the 60 days allowed for

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appealing this Court’s Remand Order of April 19, 2017.

The Motion therefore will be filed no later than July

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Dated: June 30, 2017

Respectfully submitted,

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/s/ Ruby Lieberman
RUBY LIEBERMAN
Attorney for Plaintiff

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Dated: June 30, 2017

/s/
AUDREY B. HEMESATH

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ORDER
Pursuant to the terms of the parties’ stipulation for voluntary

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dismissal, IT IS HEREBY ORDERED that:

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1. The matter is dismissed;

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2. This Court retains jurisdiction to adjudicate a Motion

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submitted by Plaintiff under the Equal Access to Justice

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Act;

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3. The deadline for any application for an award under the

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Equal Access to Justice Act is government by 28 USC § 2412

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(d).

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IT IS SO ORDERED.

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Dated: 6/30/2017
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/s/ John A. Mendez________________
JOHN A. MENDEZ
UNITED STATES DISTRICT COURT JUDGE

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