K.H. v. Secretary of the Department of Homeland Security

Filing 124

STIPULATION AND ORDER re 123 STIPULATION WITH PROPOSED ORDER re Dismissal filed by Secretary of the Department of Homeland Security. Signed by Judge Jon S. Tigar on January 8, 2018. (wsn, COURT STAFF) (Filed on 1/8/2018)

Case 3:15-cv-02740-JST Document 123 Filed 01/04/18 Page 1 of 2

1 BRIAN J. STRETCH (CABN 163973)
United States Attorney
2 SARA WINSLOW (DCBN 457643)
Chief, Civil Division
3
WENDY M. GARBERS (CABN 213208)
4 Assistant United States Attorney
DAVID A. PEREDA (CABN 237982)
5 Assistant United States Attorney
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1301 Clay Street, Suite 340S
Oakland, CA 94612
Telephone: [phone]
FAX: [phone]
[e-mail]

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9 Attorneys for Defendant SECRETARY OF THE
DEPARTMENT OF HOMELAND SECURITY
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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SAN FRANCISCO DIVISION
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K. H., C.V., W.L., J.M., JEFFREY BOYER,
BRIAN PIEROG, DONNA BAXTER,
RICHARD DEVIVO, and GARY
MCCONAGHY, on behalf of themselves and
those similarly situated,

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Plaintiffs,
v.
SECRETARY OF THE DEPARTMENT OF
HOMELAND SECURITY,
Defendant.

) No. 15-cv-02740 JST
)
) STIPULATION OF DISMISSAL AND
) [PROPOSED] ORDER
)
) (FRCP 41(A)(2))
)
) The Honorable Jon S. Tigar
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)

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Through their counsel of record, Plaintiffs R.H., Christopher May, and Kerry Wagoner hereby

25 stipulate to dismiss their claims in this action with prejudice, pursuant to Federal Rule of Civil
26 Procedure 41(A)(2), as follows:
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1. R.H.’s claims are hereby dismissed with prejudice;

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STIP OF DIMISSAL; [PROPOSED] ORDER
No. 15-cv-02740 JST

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Case 3:15-cv-02740-JST Document 123 Filed 01/04/18 Page 2 of 2

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2. Christopher May’s claims are hereby dismissed with prejudice;

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3. Kerry Wagoner’s claims are hereby dismissed with prejudice; and

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4. All parties are to bear their own attorneys’ fees and costs.

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SO STIPULATED.

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7 DATED: January 4, 2018

Respectfully submitted,

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BRIAN J. STRETCH
United States Attorney

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/s/ David Pereda
DAVID PEREDA
Assistant United States Attorney

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Attorneys for Defendant

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13 DATED: January 4, 2018

CLARK HILL | MORRIS POLICH & PURDY

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* Jeremy Thompson
JEREMY THOMPSON
Attorneys for Plaintiffs

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16 *In compliance with Civil Local Rule 5-1(i)(3), the filer of this document attests under penalty of perjury
that each signatory has concurred in the filing of this document.
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[PROPOSED] ORDER

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Pursuant to the parties’ Stipulation, R.H.’s, Christopher May’s, and Kerry Wagoner’s claims

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21 herein are hereby dismissed with prejudice. Each party to bear his or her own costs and attorneys’ fees.
IT IS SO ORDERED.

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24 Dated:

January 8, 2018

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THE HONORABLE JON S. TIGAR

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STIP OF DIMISSAL; [PROPOSED] ORDER
No. 15-cv-02740 JST

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