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

Filing 52

STIPULATION AND ORDER re 49 STIPULATION WITH PROPOSED ORDER Re Dismissal filed by Secretary of the Department of Homeland Security. Signed by Judge Jon S. Tigar on May 13, 2016. (wsn, COURT STAFF) (Filed on 5/13/2016)

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1 BRIAN J. STRETCH (CABN 163973) United States Attorney 2 SARA WINSLOW (DCBN 457643) Chief, Civil Division 3 WENDY M. GARBERS (CSBN 213208) 4 Assistant United States Attorney 450 Golden Gate Avenue, Box 36055 San Francisco, California 94102-3495 Telephone: (415) 436-6475 FAX: (415) 436-7234 wendy.garbers@usdoj.gov 5 6 7 8 Attorneys for Defendant SECRETARY OF THE DEPARTMENT OF HOMELAND SECURITY 9 UNITED STATES DISTRICT COURT 10 NORTHERN DISTRICT OF CALIFORNIA 11 SAN FRANCISCO DIVISION 12 13 14 15 K. H., C.V., W.L., J.M., JEFFREY BOYER, BRIAN PIEROG, DONNA BAXTER, KARNEL MCMAHAN, RICHARD DEVIVO, GARY MCCONAGHY, and KRISTEN PAVKOVICH, on behalf of themselves and those similarly situated,, 16 Plaintiffs, 17 v. 18 19 20 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 ) ) ) ) ) ) ) 21 22 Through their counsel of record, plaintiffs KARNEL MCMAHAN and KRISTEN 23 PAVKOVICH hereby stipulate to dismiss their claims in this action without prejudice, pursuant to 24 Federal Rule of Civil Procedure 41(A)(2), as follows: 25 1. KARNEL MCMAHAN’s claims are hereby dismissed without prejudice; 26 2. KRISTEN PAVKOVICH’s claims are hereby dismissed without prejudice; and 27 3. All parties are to bear their own attorneys’ fees and costs. 28 SO STIPULATED. STIP OF DIMISSAL; [PROPOSED] ORDER No. 15-cv-02740 JST 30 1 1 DATED: May 10, 2016 Respectfully submitted, 2 BRIAN J. STRETCH United States Attorney 3 /s/ Wendy M. Garbers WENDY M. GARBERS Assistant United States Attorney 4 5 Attorneys for Defendant 6 7 DATED: May 10, 2016 MORRIS POLICH & PURDY LLP 8 /s/ Nicholas M. Wieczorek * NICHOLAS M. WIECZOREK 9 Attorneys for Plaintiffs KARNEL MCMAHAN and KRISTEN PAVKOVICH 10 11 *In compliance with Civil Local Rule 5-1(i)(3), the filer of this document attests under penalty of perjury 12 that each signatory has concurred in the filing of this document. 13 14 15 16 17 [PROPOSED] ORDER Pursuant to the parties’ Stipulation, KARNEL MCMAHAN’s and KRISTEN PAVKOVICH’s claims herein are hereby dismissed without prejudice. Each party to bear his or her own costs and attorneys’ fees. IT IS SO ORDERED. 18 19 Dated: May 13, 2016 20 21 22 THE HONORABLE JON S. TIGAR 23 24 25 26 27 28 STIP OF DIMISSAL; [PROPOSED] ORDER No. 15-cv-02740 JST 30 2

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