v. Goeking

Filing 21

ORDER by Magistrate Judge Maria-Elena James granting 19 Stipulation (rmm2, COURT STAFF) (Filed on 5/11/2012)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN FRANCISCO DIVISION

In re KIRA FLORENCE GOEKING,
a minor, by and through her guardian
ad litem, BRYCE P. GOEKING,
Petitioner,

No. 3:11-cv-05642-MEJ

[PROPOSED] CONSENT
JUDGMENT

v.
UNITED STATES CITIZENSHIP AND
IMMIGRATION SERVICES,
Respondent.

THIS MATTER COMES before the Court through a Joint Motion for
Entry of Consent Judgment between the Petitioner KIRA FLORENCE
GOEKING (“Petitioner”), by and through her guardian ad litem, BRYCE P.
GOEKING, and through her attorneys of record, George M. Lee and Mark
Warren Epstein, and Respondent, United States Citizenship and Immigration
Services (“USCIS”), by and through its attorney of record, Sherease Pratt, Trial

Attorney, U.S. Department of Justice. On November 21, 2011, Petitioner filed
a petition requesting that the Court grant her petition seeking to amend and
correct her date of birth as it appears on her U.S. Certificate of Citizenship.
Petitioner seeks to amend the date of birth as it appears on her U.S. Certificate
of Citizenship to conform with her correct date of birth as it appears on
Petitioner’s Order of Adoption, Court-Ordered Delayed Certificate of Birth,
Social Security Card, and medical records.
On May 9, 2012, Petitioner’s counsel conferred with counsel for the
Respondent, Sherease Pratt, Trial Attorney, United States Department of
Justice, who indicated that Respondent consents to Petitioner’s request to
amend and correct her date of birth as it appears on her U.S. Certificate of
Citizenship to conform with her correct date of birth as it appears on
Petitioner’s Order of Adoption, Court-Ordered Delayed Certificate of Birth,
Social Security Card, and medical records.
Accordingly,
IT IS ORDERED that USCIS shall issue a new Certificate of Citizenship
reflecting the correct date of birth for Petitioner KIRA FLORENCE GOEKING
of March 9, 1999.

The Court FURTHER ORDERS that each party will bear its own costs
and fees incurred in this action, including but not limited to fees under the
Equal Access to Justice Act, 28 U.S.C. § 2412.
The Court FURTHER ORDERS that the Court shall retain jurisdiction of
this matter for purposes of construction, modification, and enforcement of this
Order.
The Court FURTHER ORDERS that the Clerk of the Court close this
case. In the event that a need arises for the court to construe, modify, or enforce
the Order, the case may be reopened upon the filing of a motion.

May 11, 2012
DATED: _____________

PRESENTED BY:

__________________________________
MARIA-ELENA JAMES
Chief United States Magistrate Judge

GEORGE M. LEE, ESQ.
MARK WARREN EPSTEIN, ESQ.

STUART F. DELERY
Acting Assistant Attorney General
Civil Division

/s/
GEORGE M. LEE, Esq.
Seiler Epstein Ziegler & Applegate,
LLP
101 Montgomery Street, 27th Floor
San Francisco, CA 94104
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]

DAVID J. KLINE
Director, District Court Section

Attorneys for Petitioner

/s/ Sherease Pratt
SHEREASE PRATT
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
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]

JEFFREY S. ROBINS
Assistant Director, District Court Section
JESI J. CARLSON
Senior Litigation Counsel, District Court
Section

Attorneys for Respondents

CERTIFICATE OF SERVICE
I declare that I am over the age of eighteen years and that I am not a party
to the above action. My business address is 101 Montgomery Street, 27th
Floor, San Francisco, CA 94104. On the date set forth below, I served the
foregoing attached document [PROPOSED] CONSENT JUDGMENT on the
parties in this action. Service of this document was accomplished in the
following manner:
By First Class Mail: I placed each document listed above in sealed
envelope(s), addressed to the recipient(s) set forth below, with pre-paid
postage affixed thereto, and deposited said envelope(s) in a recognized place
of deposit for collection and delivery by first-class United States Mail.
By Facsimile: I caused each document to be transmitted to the recipient(s)
set forth below at their respective facsimile numbers as indicated.
By Personal Service: I personally served each document listed above on the
recipient(s) set forth below.
By Courier/Messenger: I placed each document listed above in a sealed
envelope(s), addressed to the recipient(s) set forth below, and arranged
personal delivery of the same through a messenger/courier service, for
delivery to be accomplished on this date.
By Overnight Express: I placed each document listed above in a sealed
envelope(s), addressed to the recipient(s) set forth below, and deposited said
envelope(s) with an overnight courier service, for delivery to be
accomplished the next business day.
By Electronic Mail: I personally sent the foregoing document, in electronic
form, to the recipients and at the e-mail addresses listed below.

Said document(s) were delivered to following recipients:

Distribution List:
SHEREASE PRATT
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
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]

I declare under penalty of perjury under the laws of the State of
California that the foregoing is true and correct. Executed May 10, 2012, at San
Francisco, California.

/s/
George M. Lee