Sun v. Holder et al

Filing 9

STIPULATION AND ORDER DISMISSING CASE. Signed by Judge Samuel Conti on 9/10/09. (tdm, COURT STAFF) (Filed on 9/10/2009)

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 8 9 10 11 12 13 14 15 16 17 18 19 20 XIAO DONG SUN, 450 Golden Gate Avenue, Box 36055 San Francisco, California 94102 Telephone: [phone] FAX: [phone] Attorneys for Defendants UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION ) ) No. C 09-3402 SC Plaintiff , ) ) v. ) STIPULATION TO DISMISS; AND ) [PROPOSED] ORDER ERIC H. HOLDER, Attorney General of the ) United States; JANET NAPOLITANO, Secretary ) of the Department of Homeland Security; ) MICHAEL AYTES, Acting Deputy Director, ) U.S. Citizenship and Immigration Services; ) ROBIN BARRETT, San Francisco Field Office ) Director, U.S. Citizenship and Immigration ) Services; ROBERT S. MUELLER, III, Director ) of Federal Bureau of Investigation, ) ) D ef en d a n t s . ) )

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Plaintiff, by and through his attorneys of record, and Defendants, by and through their

2 attorneys of record, hereby stipulate, subject to the approval of the Court, to dismissal of the 3 above-entitled action without prejudice in light of the fact that the United States Citizenship and 4 Immigration Services is now prepared to adjudicate Plaintiff's application for naturalization and 5 agrees to do so within 30 days of the dismissal of this action. See 8 U.S.C. § 1447(b). 6 7 8 Dated: September 4, 2009 9 10 11 12 13 14 15 Date: September 4, 2009 16 17 18 19 20 D a t e : 9/10/09
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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

________/s/____________________ ELIZA XUAN WANG Attorney for Plaintiff

O RD ER Pursuant to stipulation, IT IS SO ORDERED.
S DISTRICT TE C TA

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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. Stipulation to Dismiss C 09-3402 SC

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