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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1 2 3 Ruby Lieberman California State Bar # 154304 369 Pine Street, #725 San Francisco, CA 94104 Tel. (415) 362-5158 Fax. (415) 693-9411 Attorney for Plaintiff 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 Babar RASHID, No. 2:14-cv-2109-JAM-KJN 10 Plaintiff, 11 v. 12 13 DEPARTMENT OF HOMELAND SECURITY, John F. Kelly, Secretary; et al., 14 JOINT STIPULATION AND ORDER RE: DISMISSAL AND EAJA MOTION Defendants. 15 16 17 18 Plaintiff was sworn in as a U.S. citizen on June 28, 2017. 19 The parties therefore stipulate to voluntary dismissal of this 20 case with this Court retaining jurisdiction to consider 21 Plaintiff’s Motion for Attorney fees pursuant to the Equal Access 22 to Justice Act, the deadline for which is governed by 28 USC § 23 2412 (d). 24 17, 2017, which will be within 30 days of the 60 days allowed for 25 appealing this Court’s Remand Order of April 19, 2017. The Motion therefore will be filed no later than July 26 27 28 1 1 Dated: June 30, 2017 Respectfully submitted, 2 3 /s/ Ruby Lieberman RUBY LIEBERMAN Attorney for Plaintiff 4 5 6 Dated: June 30, 2017 /s/ AUDREY B. HEMESATH 7 8 9 10 11 ORDER Pursuant to the terms of the parties’ stipulation for voluntary 12 dismissal, IT IS HEREBY ORDERED that: 13 1. The matter is dismissed; 14 2. This Court retains jurisdiction to adjudicate a Motion 15 submitted by Plaintiff under the Equal Access to Justice 16 Act; 17 3. The deadline for any application for an award under the 18 Equal Access to Justice Act is government by 28 USC § 2412 19 (d). 20 21 IT IS SO ORDERED. 22 Dated: 6/30/2017 23 /s/ John A. Mendez________________ JOHN A. MENDEZ UNITED STATES DISTRICT COURT JUDGE 24 25 26 27 28 2

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