Butler v. Astrue

Filing 16

ORDER DISMISSING CASE without prejudice. Each party shall bear their own attorneys fees and costs. Signed by Judge Susan Illston on 4/1/13. (tfS, COURT STAFF) (Filed on 4/1/2013) Modified on 4/1/2013 (ysS, COURT STAFF).

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1 HARVEY P. SACKETT 2 3 4 5 1055 Lincoln Avenue Post Office Box 5025 San Jose, California 95150-5025 Telephone: (408) 295-7755 Facsimile: (408) 295-7444 6 7 /jgl 8 Attorney for Plaintiff 9 UNITED STATES DISTRICT COURT 10 NORTHERN DISTRICT OF CALIFORNIA 11 SAN FRANCISCO DIVISION 12 13 JERRY D. BUTLER, 14 Plaintiff, 15 v. 16 CAROLYN W. COLVIN,1 Acting Commissioner, Social Security Administration, 17 18 Defendant. 19 ) No.: 3:12-cv-05243-SI ) ) ) ) STIPULATION AND ORDER FOR ) DISMISSAL ) ) ) ) ) ) 20 Plaintiff and Defendant, through their respective attorneys, hereby stipulate that this 21 22 matter be dismissed in its entirety without prejudice. Each party shall bear their own attorney’s 23 fees and costs. 24 25 26 27 28 1 Carolyn W. Colvin became the Acting Commissioner of Social Security on February 14, 2013. Pursuant to Rule 25(d)(1) of the Federal Rules of Civil Procedure, Carolyn W. Colvin should be substituted for Commissioner Michael J. Astrue as Defendant in this suit. No further action need be taken to continue this suit by reason of the last sentence of section 205(g) of the Social Security Act, 42 U.S.C. § 405(g). 1 STIPULATION AND ORDER FOR DISMISSAL MELINDA L. HAAG United States Attorney 1 2 3 4 Dated: March 29, 2013 /s/ SUNDEEP R. PATEL Special Assistant U.S. Attorney Social Security Administration Attorney for the Defendant Dated: March 29, 2013 5 /s/ HARVEY P. SACKETT Attorney for Plaintiff JERRY D. BUTLER 6 7 8 9 10 11 12 13 14 IT IS SO ORDERED. 15 16 4/1/13 Dated: __________________ 17 ____________________________ HON. SUSAN ILLSTON United States District Judge 18 19 20 21 22 23 24 25 26 27 28 2 STIPULATION AND ORDER FOR DISMISSAL

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