Faeroz v. Holder et al

Filing 17

ORDER DISMISSING CASE with prejudice pursuant to Fed. R. CIV P.41(a)(1)(A)(ii). Signed by Judge Charles R. Breyer on 8/2/2011. (beS, COURT STAFF) (Filed on 8/3/2011)

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Case3:11-cv-00907-CRB Document16 8 TONY WEST United States Department of Justice Assistant Attorney General, Civil Division ELIZABETH J. STEVENS Assistant Director, District Court Section Office of Immigration Litigation SHEREASE PRATT, NYSBN 2620912 Trial Attorney, District Court Section Office of Immigration Litigation United States Department of Justice P.O. Box 868, Ben Franklin Station Washington, DC 20530 Telephone: (202) 616-0063 Facsimile: (202) 616-8962 sherease.pratt@usdoj.gov 9 Filed08/01/11 Page1 of 2 Attorneys for Respondents 1 2 3 4 5 6 7 10 UNITED STATES DISTRICT COURT 11 NORTHERN DISTRICT OF CALIFORNIA ) ) 13 Petitioner, ) ) 14 v. ) ) 15 ERIC H. HOLDER, JR., Attorney General, ) and ) 16 ) CHARLES DE MOORE, Acting District ) 17 Director, San Francisco Office, U.S. ) Citizenship and Immigration Services, ) 18 ) Respondents. ) 19 ) ) 12 ZIAULHAQ FAEROZ, No.3:11-cv-00907-CRB PARTIES’ STIPULATION TO DISMISS WITH PREJUDICE PURSUANT TO FED. R. CIV. P. 41(a)(1)(A)(ii); AND [PROPOSED] ORDER 20 21 In accordance with the provisions of Federal Rule of Civil Procedure 41(a)(1)(A)(ii), 22 Petitioner, by and through his attorney of record, John Ricci, and Respondents, by and through their 23 attorney of record, Sherease Pratt, hereby stipulate to dismissal of the above-entitled action with 24 prejudice, in light of the fact that the United States Citizenship and Immigration Services (“USCIS”) 25 has agreed to exercise its discretionary authority and schedule the Petitioner for a second interview 26 on his application(s) for adjustment of status within thirty (30) days of the Court’s entry of dismissal. 27 Plaintiff will not seek attorney’s fees or costs under the Equal Access to Justice Act, 28 U.S.C. 28 // Stipulation to Dismiss 3:11-cv-00907-CRB Case3:11-cv-00907-CRB Document16 Filed08/01/11 Page2 of 2 1 § 2412, or any other provision of law, associated with the above-captioned matter. Each of the 2 parties shall bear their own costs and fees. 3 DATED: August 1, 2011 DATED: August 1, 2011 4 TONY WEST Assistant Attorney General, Civil Division United States Department of Justice 8 /s/ JOHN E. RICCI, Attorney At Law Law Office of Ricci & Sprouls 445 Washington Street San Francisco, CA 94111 Tel: (415) 391-2100 Fax: (415) 391-4678 Email: johnricci@riccisprouls.com 9 Attorney for Petitioner 5 6 7 ELIZABETH J. STEVENS Assistant Director, District Court Section Civil Division, Office of Immigration Litigation 14 /s/ Sherease Pratt SHEREASE PRATT1 Trial Attorney United States Department of Justice Civil Division Office of Immigration Litigation District Court Section P.O. Box 868, Ben Franklin Station Washington, DC 20530 Phone: (202) 616-0063 Facsimile: (202) 616-8962 Email: sherease.pratt@usdoj.gov 15 Attorneys for Respondents 10 11 12 13 16 17 ORDER 18 Pursuant to stipulation, IT IS SO ORDERED. 26 1 27 ER R NIA A H 25 harle Judge C FO RT 24 yer s R. Bre NO 23 IT IS LI 22 ___________________________ CHARLES R. BREYER ED United StatesSO ORDER District Judge UNIT ED Date: _________________ August 2, 2011 21 S DISTRICT TE C TA RT U O 20 S 19 N F D IS T IC T O R C I, Sherease Pratt, hereby attest that I have on file all holograph signatures for any signatures indicated by a “conformed” signature (/S/) within this e-filed document. 28 Stipulation to Dismiss 3:11-cv-00907-CRB 2

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