Chowdhury et al v. Still et al

Filing 4

NOTICE OF VOLUNTARY DISMISSAL AND ORDER DISMISSING CASE. Signed by Judge Samuel Conti on 11/20/06. (tdm, COURT STAFF) (Filed on 11/20/2006)

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Chowdhury et al v. Still et al Doc. 4 Case 3:06-cv-07032-SC Document 4 Filed 11/20/2006 Page 1 of 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Marc Van Der Hout, CA SBN # 80778 Stacy Tolchin, CA SBN # 217431 Van Der Hout, Brigagliano & Nightingale, LLP 180 Sutter Street, Fifth Floor San Francisco, California 94104 Telephone: (415) 981-3000 Facsimile: (415) 981-3003 Email: ndca@vblaw.com Attorneys for Plaintiffs UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA A.M. Rashed CHOWDHURY, Mumtaz CHOWDHURY, Plaintiffs, v. David STILL, in his Official Capacity, District Director, U.S. Citizenship and Immigration Services, United States Department of Homeland Security, San Francisco, California; Christina POULOS, in her Official Capacity, Acting Director, U.S. Citizenship and Immigration Services California Service Center, United States Department of Homeland Security; Michael CHERTOFF, in his Official Capacity, Secretary, United States Department of Homeland Security; and Alberto R. GONZALES, in his Official Capacity, Attorney General, U.S. Department of Justice. Defendants. Case No. C 06-7032 SC NOTICE OF VOLUNTARY DISMISSAL Immigration Case, Administrative Procedure Act Case Agency No.:A75 246 305 A75 246 306 Notice of Dismissal 1 No. C 06-7032 SC Dockets.Justia.com Case 3:06-cv-07032-SC Document 4 Filed 11/20/2006 Page 2 of 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Plaintiffs, A.M. Rashed CHOWDHURY and Mumtaz CHOWDHURY, hereby voluntarily dismiss the above-captioned case. Northern District of California, Local Rules 3-2(c) and (e) require that, with limited exceptions, civil actions and proceedings be assigned by the clerk to a court serving the county in which the action arises. Plaintiffs' action arises in Santa Clara County. Plaintiffs hereby dismiss the instant case in the San Francisco Division, as it should have properly been brought in the San Jose Division. Local Rule 3-2(e). Plaintiffs are filing a new Complaint designating the San Jose Division as the proper venue for assignment. The new Complaint names the officer in charge of the San Jose District Office of the United States Citizenship and Immigration Services as the lead Defendant. Counsel for Plaintiffs and Defendants in both actions are filing a stipulation in the new action stating that dismissal of the herein Complaint and refiling of a new Complaint designating San Jose as the proper Division is the appropriate course of action. Pursuant to Federal Rule of Civil Procedure 41(a)(1), this action may be dismissed voluntarily by Plaintiffs without order of the court, as the notice of dismissal is filed before service by Defendants of an answer or motion for summary judgment. Dated: November 17, 2006 Respectfully submitted, UNIT ED S S DISTRICT TE C TA ER N F D IS T IC T O R Notice of Dismissal A 11/20/06 C LI FO am Judge S ti uel Con R NIA O ORD IT IS S ERED ___/s/____________________ Marc Van Der Hout Attorney for Plaintiffs A.M. Rashed CHOWDHURY and Mumtaz CHOWDHURY RT U O NO RT H 2 No. C 06-7032 SC

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