Sun v. Melville et al

Filing 5

ORDER DISMISSING CASE; CLOSING FILE re 4 Stipulation, filed by Robin Barrett, Rosemary Melville, U.S. Department of Homeland Security, Eric H. Holder, Jr., U.S. Citizenship & Immigration Services, Michael Aytes, Janet Napolitano. Signed by Judge Maria-Elena James on 6/17/2009. (mejlc1, COURT STAFF) (Filed on 6/17/2009)

1 J OSEPH P. RUSSONIELLO, CSBN 44332 United States Attorney 2 J OANN M. SWANSON, CSBN 88143 Assistant United States Attorney 3 Chief, Civil Division ILA C. DEISS, NY SBN 3052909 4 Assistant United States Attorney 5 6 7 Attorneys for Defendants 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 SAN FRANCISCO DIVISION 11 J INYUE SUN, 12 Plaintiff , 13 v. 14 ROSEMARY MELVILLE, District Director, 15 DHS San Francisco District Office; et al., 16 D ef en d a n t s . 17 18 ) ) ) ) ) ) ) ) ) ) ) ) No. C 09-1475 MEJ PARTIES' CONSENT TO MAGISTRATE JUDGE JURISDICTION; STIPULATION TO DISMISS; AND [PROPOSED] O RD ER 450 Golden Gate Avenue, Box 36055 San Francisco, California 94102 Telephone: [phone] FAX: [phone]

In accordance with the provisions of 28 U.S.C. § 636(c) and Fed. R. Civ. P. 73, Plaintiff and

19 Defendants in this case hereby voluntarily consent to have a United States Magistrate Judge 20 conduct any and all further proceedings in the case, including trial, and order the entry of a final 21 judgment. 22 Further, Plaintiff, by and through her attorneys of record, and Defendants by and through their

23 attorneys of record, hereby stipulate, to dismissal of the above-entitled action without prejudice in 24 light of the fact that the United States Citizenship and Immigration Services has approved 25 Plaintiff's application for adjustment of status and will issue Plaintiff a permanent resident card 26 within 45 days of the dismissal of this action, absent unforeseen circumstances. 27 /// 28 Stipulation to Dismiss C 09-1475 MEJ 1

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Each of the parties shall bear their own costs and fees. Respectfully submitted, J OSEPH P. RUSSONIELLO United States Attorney /s/ ILA C. DEISS1 Assistant United States Attorney Attorneys for Defendants

2 Dated: June 16, 2009 3 4 5 6 7 8 9 Date: June 15, 2009 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Stipulation to Dismiss C 09-1475 MEJ 2 Date: June 17, 2009

______________/s/_____________ ROBERT B. JOBE Attorney for Plaintiff

O RD ER Pursuant to stipulation, IT IS SO ORDERED. The Clerk of Court shall close the file.

MARIA-ELENA JAMES United States Magistrate Judge

I, Ila Deiss, hereby attest that I have on file all holograph signatures for any signatures indicated by a "conformed" signature (/S/) within this e-filed document.

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