Committee for Immigrant Rights of Sonoma County et al v. County of Sonoma et al

Filing 259

STIPULATION AND ORDER TO DISMISS ALL CLAIMS BROUGHT BY PLAINTIFF SANCHEZ-LOPEZ AGAINST FEDERAL DEFENDANTS WITH PREJUDICE. Signed by Judge Richard Seeborg on 4/7/11. (cl, COURT STAFF) (Filed on 4/7/2011)

*E-Filed 4/7/11*

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MELINDA HAAG United States Attorney JOANN M. SWANSON (CSBN 88143) Chief, Civil Division ILA C. DEISS, (NY SBN 3052909) Assistant United States Attorney 450 Golden Gate Avenue, Box 36055 San Francisco, California 94102 Telephone: [phone] Fax: [phone] E-mail: [e-mail] WILLIAM ORRICK Deputy Assistant Attorney General, Civil Division DAVID 1. KLINE Director COLIN A. KISOR (DC 497145) Senior Litigation Counsel LANA L. VAHAB (DC 976203) Trial Attorney Office of Immigration Litigation Civil Division, Justice Department P.O. Box 878, Ben Franklin Station Washington, D.C. 20044 Tel: [phone] Fax: [phone] Email: [e-mail] Attorneys for Federal Defendants

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16 UNITED STATES DISTRICT COURT 17 NORTHERN DISTRICT OF CALIFORNIA 18 SAN FRANCISCO DIVISION
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) ) ) ) ) Plaintiffs, ) ) ) v. ) COUNTY OF SONOMA; SHERIFF) CORONER BILL COGBILL and DEPUTY ) SHERIFF MORRIS ERIC SALKIN, ) ) )

COMMITTEE FOR IMMIGRANT RIGHTS OF SONOMA COUNTY, FRANCISCO SANCHEZ-LOPEZ, and CHRISTYAN SONATO-VEGA,

No. C 08-4220 RS

STIPULATION TO DISMISS ALL CLAIMS BROUGHT BY PLAINTIFF SANCHEZ-LOPEZ AGAINST FEDERAL DEFENDANTS WITH PREJUDICE; and [proposed] ORDER

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STIPULATED DISMISSAL OF PLAINTIFF SANCHEZ-LOPEZ'S CLAIMS AGAINST FEDERAL DEFENDANTS Case No. C 08-4220 RS

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) ) ) individually and in their official capacities; ) UNITED STATES OF AMERICA; U.S. ) DEPARTMENT OF HOMELAND ) SECURITY, IMMIGRATION AND ) CUSTOMS ENFORCEMENT; ) DEPORTATION OFFICER MARIO ) HUELGA and SPECIAL AGENT CHRIS ) MERENDINO, individually and in their ) official capacities; DOES 1-50; and ROES 1-50, inclusive,

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Defendants.

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WHEREAS, Plaintiff Francisco Sanchez-Lopez ("Sanchez-Lopez") filed a Complaint
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against Defendants United States of America ("USA"); U.S. Department of Home1and Security,
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Immigration and Customs Enforcement ("ICE"); Special Agent Mario Huelga ("Huelga"), in his
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official and individual capacities; Special Agent Chris Merendino ("Merendino"), in his official
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and personal capacities; ROES 1-50 (collectively referred to hereinafter as "Federal
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Defendants"), claiming violations of: the Fourth Amendment against ICE, Huelga, Merendino,
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and ROES 1-50; Fifth Amendment (Equal Protection and Due Process) against ICE, Huelga,
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Merendino, and ROES 1-50; 8 U.S.C. § 1357 and 8 C.F.R. §§ 287.3 and 287.7 (through the Due
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Process Clause and the Administrative Procedure Act) against ICE, Hue1ga, Merendino, and
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ROES 1-50; 42 U.S.C. §§ 1983 and 1985(3) against Federal and County Defendants, except the
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USA; Bane Act (California Civil Code § 52.1) against USA; and Federal Tort Claims Act against
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USA,
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IT IS HEREBY STIPULATED that all claims brought by Plaintiff Sanchez-Lopez against
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the Federal Defendants be dismissed with prejudice pursuant to Fed. R. Civ. P. 41(a)(I)(ii) and
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the parties' Settlement Agreement, each party to bear its own costs and fees.
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III
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STIPULATED DISMISSAL OF PLAINTIFF SANCHEZ-LOPEZ'S CLAIMS AGAINST FEDERAL DEFENDANTS Case No. C 08-4220 RS

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DATED: March "

,2011

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LATHAM & WATKINS LLP Alfred C. Pfeiffer Mary Elizabeth-Heard Megan Bouchier Jason Daniels Casey R. O'Connor Robert Studley DATED: March~ 2011

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BY:~
Julia Harumi Mass Alan L. Schlosser AMERICAN CIVIL LIBERTIES UNION FOUNDATION OF NORTHERN CALIFORNIA Attorneys for Plaintiffs Respectfully submitted,

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DATED: Marchf', 2011
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By:

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WILLIAM ORRICK, III. Deputy Assistant Attorney General, Civil Division DAVID J. KLINE Director JOSHUA E.T. BRAUNSTEIN Assistant Director

DATED: MarchL:.\, 2011

By:

G---L;\-

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COLIN KISOR Senior Litigation Counsel Attorneys for Federal Defendants

STIPULATED DISMISSAL OF PLAINTIFF SANCHEZ-LOPEZ'S CLAIMS AGAINST FEDERAL DEFENDANTS 2 Case No. C 08-4220 RS

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ORDER Pursuant to Stipulation, IT IS SO ORDERED.

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Dated: 4/7/11

RICHARD SEEBORG United States District Judge

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STIPULATED DISMISSAL OF PLAINTIFF SANCHEZ-LOPEZ'S CLAIMS AGAINST FEDERAL DEFENDANTS 3 Case No. C 08-4220 RS