Nazarov v. Napolitano et al

Filing 7

ORDER DISMISSING CASE. Signed by Judge Maria-Elena James on 3/7/2011. (mejlc1, COURT STAFF) (Filed on 3/7/2011)

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Nazarov v. Napolitano et al Doc. 7 P.O. Box 868, Ben Franklin Station Washington, D.C. 20044 Telephone: (202) 532-4074; FAX: (202) 305-7000 Attorneys for Defendants UNITED STATES DISTRICT COURT ER N F D IS T IC T O R NORTHERN DISTRICT OF CALIFORNIA ____________________________________ ) ) ) Plaintiff, ) ) v. ) ) Janet Napolitano, et al., ) ) Defendants. ) ____________________________________) Dmitry Nazarov, Case No. 11-CV-0143-MEJ STIPULATION TO DISMISS Plaintiff, by and through his attorney of record, and Defendants, by and through their attorneys of record, hereby stipulate to dismissal of this action in its entirety. In his Complaint, Plaintiff sought an order from this Court compelling Defendants to adjudicate his Petition for Alien Relative (Form I-130). See Complaint, 24. On February 23, 2011, however, U.S. Citizenship and Immigration Services granted Plaintiff's application and issued a notice reflecting such approval. Accordingly, Plaintiff's Complaint is now moot. See Peng v. Gonzales, No. C 06-07872-JCS, 2007 WL 2141270 *5 (N.D. Cal. July 25, 2007) ("In the immigration context, a claim for mandamus relief compelling adjudication of an . . . application A C LI FO TONY WEST Assistant Attorney General, Civil Division DAVID J. KLINE Director, District Court Section Office of Immigration Litigation SAMUEL P. GO Senior Litigation Counsel NICOLE R. PRAIRIE, DCBN 982601 Trial Attorney UNIT ED S S DISTRICT TE C TA RT U O GRAN TED Ju ria-Ele dge Ma na Jame s R NIA NO RT H is moot if the application has been adjudicated."). Thus, the parties jointly request, pursuant to Fed. R. Civ. P. 41(a)(1)(A)(ii), that this matter be dismissed in its entirety. Each party shall bear its own costs and fees, and no attorney's fees or costs under the Equal Access to Justice Act, or any other provision of law, will be sought in the above-captioned matter. Respectfully submitted, Dated: February 28, 2011 /s/ Nicole R. Prairie NICOLE R. PRAIRIE1 Trial Attorney District Court Section Office of Immigration Litigation Civil Division U.S. Department of Justice P.O. Box 868, Ben Franklin Station Washington, DC 20044 Telephone: (202) 532-4074 Facsimile: (202) 305-7000 Email: /s/ Geri Nadine Kahn GERI NADINE KAHN 400 Montgomery Street Suite 810 San Francisco, CA 94122 Telephone: (415) 397-5446 Facsimile: (707) 361-0350 Email: Dated: February 28, 2011 I, Nicole R. Prairie, hereby attest that I have on file all holograph signatures for any signatures indicated by a "conformed" signature (/s/) within this e-filed document. 1

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