Alcaraz et al v. Napolitano et al

Filing 59

ORDER GRANTING PLAINTIFFS' MOTION TO DISMISS. Signed by Judge Maxine M. Chesney on October 16, 2014. (mmclc1, COURT STAFF) (Filed on 10/16/2014)

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H. Nelson Meeks CBN #175800
LAW OFFICES OF H. NELSON MEEKS
870 Market Street, Suite 700
San Francisco, CA 94102
[phone]
[phone] (FAX)
Attorney for Plaintiffs

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN FRANCISCO

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BERNAVE ALCARAZ, et al.,
Plaintiffs,

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) No.: C 13-0511 MMC
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) PLAINTIFF’S TO MOTION TO DISMISS
) RULE 41(a)(2)
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vs.
UNITED STATES, et al.,
Defendants.

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FACTUAL BACKGROUND

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1. The parties have concluded settlement of this case. The stipulated settlement

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states as follows: (a) the settlement check will be sent to counsel for plaintiffs upon (b)

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Plaintiffs’ counsel filing a motion for an order dismissing this action with prejudice, with

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each party to bear its own costs, expenses, and fees, including any costs, expenses, and fees

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incurred by Plaintiffs in obtaining court approval of settlement on behalf of the minor

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Plaintiffs. Said dismissal Order shall provide that the District Court is not retaining

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jurisdiction over the above-referenced action of the settlement.

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2. This motion seeks to fulfill the above stated terms of the settlement
agreement.
ARGUMENT

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3. But for the transmittal of the sum agreed to in the parties stipulated settlement,
this case has been fully resolved.
4. According to the terms of the settlement, Plaintiffs herewith file their motion
to dismiss this case in its entirety with prejudice and a termination of jurisdiction.
MOTION TO DISMISS
CASE NO. C 13-CV-0511-MMC

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5. A proposed order is attached.

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Dated: October 15, 2014

Respectfully submitted,

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/s/ H. Nelson Meeks
H. NELSON MEEKS
Law Office of H. Nelson Meeks
870 Market Street
Suite 700
San Francisco, CA 94102
Telephone: [phone]
Facsimile: [phone]
E-mail: [e-mail]

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Attorney for Plaintiffs

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MOTION TO DISMISS
CASE NO. C 13-CV-0511-MMC

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[PROPOSED] ORDER

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IT IS SO ORDERED AS FOLLOWS:

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1. This case is DISMISSED in its entirety with PREJUDICE,

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2. Each party shall bear its own costs, expenses, fees, including any costs, expenses, and

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fees incurred by Plaintiffs in obtaining court approval of settlement on behalf of the

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minor Plaintiffs.

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3. Jurisdiction of the Court over this case is hereby TERMINATED.

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DATE: October 16, 2014

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__________________________________
Maxine M. Chesney
United States District Judge

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MOTION TO DISMISS
CASE NO. C 13-CV-0511-MMC

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