Bui v. City and County of San Francisco et al

Filing 172

JOINT STIPULATION AND ORDER FOR COMPROMISE SETTLEMENT AND RELEASE OF ALL CLAIMS. Signed by Judge Laurel Beeler on 9/15/2017. (Attachments: # 1 Certificate/Proof of Service)(afmS, COURT STAFF) (Filed on 9/15/2017)

FILED

CHAD A. READLER
Acting Assistant Attorney General

SEP 1 5 2017

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WILLIAM C. PEACHEY
Director, District Court Section
Office of Immigration Litigation

SUSAN Y. SOONG
CLERK. U.S. DISTRICT COURT
NOAl'HEHN'lliSTRICT OF CAUP0RJM

TIMOTHY M. BELSAN
Deputy Chief
National Security and Affirmative Litigation Unit
District Court Section
Office of Immigration Litigation
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ANTHONY D. BIANCO
Counsel for National Security
National Security and Affirmative Litigation Unit
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: [phone]
Facsimile: [phone]
E-mail: anthony .d.bianco@usdoj .gov

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Attorneys for Defendants
UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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No. 16-cv-040 14-LB
JOHN DOE,

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Plaintiff,

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JOINT STIPULATION FOR
COMPROMISE SETTLEMENT
AND RELEASE OF ALL CLAIMS

v.

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UNITED STATES DEPARTMENT OF
HOMELAND SECURITY, eta/.,

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Defendants.

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It is hereby stipulated by and between the undersigned Plaintiff A.M. Rashed Chowdhury
and Defendants U.S. Department of Homeland Security; U.S. Citizenship and Immigration
JOINT STIPlJLA TION FOR COMPROMISE SETTLEMENT

&

RELEASE OF ALL CLAIMS

No. 16-cv-04014-LB

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Services; Elaine Duke, 1 Acting Secretary, U.S. Department of Homeland Security; and James
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McCament, Acting Director, U.S. Citizenship and Immigration Services, 2 by and through their

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respective counsel, as follows:

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I.

The parties do hereby agree to settle and compromise each and every claim of any kind

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pertaining to the claim for attorneys' fees and costs in this matter, including any such claims not

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already before the Court, whether known or unknown, arising directly or indirectly from the acts

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or omissions that gave rise to the claim for attorneys' fees and costs in the above-titled action

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under the terms and conditions set forth in this Joint Stipulation for Compromise Settlement and

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Release of All Claims ("'Settlement Agreement").

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2.

This Settlement Agreement is not, is in no way intended to be, and shall not be construed

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as, an admission of liability or fault on the part of Defendants, their agents, servants, or

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employees, and it is specifically denied that they are liable to Plaintiff. All parties enter into this

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Settlement Agreement for the purpose of settling their claims under the Equal Access to Justice

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Act ("EAJA"), 28 U.S.C. § 2412(d), for fees and costs relating to or arising from this civil action

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(John Doe v. U.S. Department ofHomeland Security, eta/., No. 3:16-cv-4014 (N.D. Cal.)), and

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avoiding the expenses and risks of further litigation. Further, none of the terms of this

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Settlement Agreement may be offered or received into evidence or in any way referred to in any

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civil, criminal, or administrative action or proceeding other than proceedings that may be

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Elaine Duke became the Acting Secretary of the Department of Homeland Security on July 31,
2017. Acting Secretary Duke is automatically substituted for Jeh Johnson in her official capacity
as a public officer pursuant to Federal Rule of Civil Procedure 25(d).

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James McCament is the Acting Director of U.S. Citizenship and Immigration Services. Acting
Director McCament is automatically substituted for Leon Rodriguez in his official capacity as a
public officer pursuant to Federal Rule of Civil Procedure 25(d).
JOINT STIPULATION FOR COMPROMISE SETTLEMENT

& RELEASE OF ALL CLAIMS
No. 16-cv-04014-LB

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necessary to consummate or enforce the terms of this Settlement Agreement against Plaintiff. the
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United States, or any agency or instrumentality of the United States.

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3.

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Plaintiff understands that he is waiving any additional claims, known or unknown, that

may arise with respect to seeking any fees or costs from any Defendant for any claims arising ou

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of the above-titled matter.

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4.

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action for attorney's fees and taxable costs against Defendants in the above-titled case. including

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those which are not parties to this Settlement Agreement, of whatsoever kind and nature, arising

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In full settlement and satisfaction of any and all claims, demands, rights, or causes of

out of or in connection with any event related to this action, including the motion for attorneys •

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fees and costs currently pending before the Court:

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a. Defendants agree to pay Plaintiff seventeen thousand nine hundred and fifty-eight

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dollars ($17,958.00) in settlement of Plaintiffs potential claims for attorney"s

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fees. Plaintiff agrees that this is a reasonable resolution of Plaintiffs claims for
attorney's fees.

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b. Defendants agree to pay Plaintiff four hundred dollars ($400.00) in settlement of

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Plaintiffs potential claims for litigation costs. Plaintiff agrees that this is a

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reasonable resolution of Plaintiffs claims for litigation costs.

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c. Defendants shall submit a request for remittance of these fees and costs within ten

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business days of the execution of this Settlement Agreement by all parties.

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Defendants will use all good faith efforts to get these attorney's fees and litigation

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costs paid in a timely manner and, in any event, in no more than 90 days.

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However, Defendants cannot guarantee a date certain when payment wi II be

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made.

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JOINT STIPULATION fOR COMPROMISE SETTLEMENT

& RELEASE OF ALL CLAIMS
No. 16-cv-04014-LB

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d. Plaintiff represents that he has no existing debt to the United States and that he is
not subject to an offset under Astrue v. Ratliff, 560 U.S. 586 (20 10).

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e. Neither Plaintiff nor his counsel may pursue additional claims for attorney~s fees,

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costs, or other monies arising from this action other than for work in any

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proceedings that may be necessary to enforce the terms of this Settlement

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Agreement.

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f. Plaintiff represents that his claim for attorney's fees and costs have been assigned

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to his counsel, and Defendants accept the assignment and waive any applicable

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provisions of the Anti-Assignment Act, 31 U.S.C. § 3727. The payment will be
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transmitted by direct deposit to Plaintiffs counsel as follows:

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i.
ii.
iii.
iv.
v.

Name of Bank: Wells Fargo Bank
Street Address of Bank: 420 Montgomery St,
City, State, and Zip Code of Bank: San Francisco, CA 94105
Routing Number: 121000248
Name of Account: ATTORNEY CLIENT TRUST- VAN DER HOUT.
BRIGAGLIANO, NIGHTINGALE
vi. Account Number: 0323107334
vii. Taxpayer ID: 94-32-27702

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g. Plaintiff agrees to waive his right to payment to him of attorney~s fees and costs

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in this action, so that they may be paid directly to his counsel as described above.

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5.

This Settlement Agreement contains the entire agreement between the parties hereto.

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Plaintiff acknowledges and agrees that no promise or representation not contained in this

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Settlement Agreement has been made to him, and acknowledges and represents that this

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Settlement Agreement contains the entire understanding between the parties to this Settlement

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Agreement and contains all terms and conditions pertaining to the compromise and settlement of

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the disputes referenced herein. No oral or written statement, remark, agreement, or

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understanding that is not contained herein shall be recognized or enforced, nor does this
JOINT STIPULATION fOR COMPROMISE SETTLEMENT

&

RELEASE OF ALL CLAIMS

No. 16-cv-04014-LB

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Settlement Agreement reflect any agreed-upon purpose other than the desire of the parties to
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reach a full and final conclusion of the litigation without the time and expense of further

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litigation.

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6.

This Settlement Agreement cannot be modified or amended except by an instrument in

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writing, agreed to and signed by the parties to this Settlement Agreement, nor shall any provision

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hereof be waived other than by a written waiver signed by the parties to this Settlement

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Agreement.

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This Settlement Agreement shall be binding upon and inure to the benefit of Plaintiff and

Defendants and their respective assignees and representatives, including any person, entity,

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department, or agency succeeding to the interests or obligations of any party hereto or having an

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interest herein.

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8.

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This document constitutes the complete integration of the Agreement between the parties

and supersedes any and all prior oral or written representation, understandings, or agreements
among or between the parties. Plaintiff has discussed this Settlement Agreement with his

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counsel, understands the terms and conditions of this Settlement Agreement, and is fully

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authorized to enter into it.

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This Settlement Agreement may be signed in counterparts. Facsimile or electronic

transmissions of the original signatures to this agreement shall have the same effect as the

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original signatures.

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10.

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signed by all of the individuals listed in the signature block below.

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This Settlement Agreement is deemed executed on the date the Settlement Agreement is

Counsel for Plaintiff shall notify the Court within 30 days of receipt of payment that all

matters in dispute have been resolved and that no further action in this case is necessary. If

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JOINT STIPULATION FOR COMPROMISE SETTLEMENT

& RELEASE OF ALL CLAIMS
No. 16-cv-040 14-LB

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payment has not been received by Plainti ffs counsel within 90 days of the signing of thi s

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Settlement Agreement, Defendants shall file a status report to the Court by that date. in forming

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the Cowt of when such payment is expected and what efforts have been undertaken to ensure

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payment will be made shortly thereafter.

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Once Plaintiff notifies th e Court of receipt of payment, the Court shall dismiss with

prejudice all of Plaintiffs claims.

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Dated: September 14, 20 17

Is/ Marc Van Der Haul
MARC VAN DER HOUT
Van Der Hout, Brigagliano,
& Nightingale, LLP
180 Sutter Street, Su ite 500
San Francisco, California 94 104
Tel.: [phone]
Fax: [phone]
Email: [e-mail]

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Is/ Anthonv D. Bianco
ANTHONY D. BIANCO
Counsel for National Securi ty
National Security and Affirmative Litigation
Un it, District Court Section
Office of Immigration Liti gation
Civil Divi sion, U.S. Department of Justice
P.O. Box 868, Ben Franklin Stati on
Washi ngton. D.C. 20044
Tel.: [phone]
Fax: [phone]
Emai l: [e-mail]

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Allorney.for Defendants

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Attorney.f r Plaint (If
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!PROPOSED] ORDER

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PURSUANT TO STIPULATION. IT IS SO ORDERED.

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Honorable Laurel Beeler
United States District Court Magistrate Judge

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JOINT STII'ULATION FOR COMI'RO~ II SE SETTLE~ I ENT

&

RELEASE OF A LL CLAI ~ IS

No. 16-cv-040 14-LB

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ATTESTATION OF CONCURRENCE

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No. 16-cv-040 14-LB
I hereby certify that on September 14,2017, I obtained concurrence in the filing ofthis

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JOINT STIPULATION REGARDING SETTLEMENT OF

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ATTORNEYS~

following persons:

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FEES from the

MARC VAN DER HOUT
VanDer Hout, Brigagliano, & Nightingale, LLP
180 Sutter Street, Suite 500
San Francisco, California 94104

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Is/ Anthony D. Bianco
ANTHONY D. BIANCO
Counsel for National Security
National Security and Affirmative Litigation
Unit, District Court Section
Office of Immigration Litigation
Civil Division, U.S. Department of Justice
P.O. Box 868, Ben Franklin Station
Washington, D.C. 20044

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Attorney for Defendants

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JOINT STIPULATION FOR COMPROMISE SETTLEMENT

& RELEASE OF ALL CLAIMS
No. 16-cv-04014-LB

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