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

Filing 64

STIPULATION AND ORDER re 63 STIPULATION WITH PROPOSED ORDER Dismissing S. Hunt's and J. Tate's Claims filed by Secretary of the Department of Homeland Security. Signed by Judge Jon S. Tigar on December 7, 2016. (wsn, COURT STAFF) (Filed on 12/7/2016)

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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 (CABN 213208) 4 Assistant United States Attorney DAVID A. PEREDA (CABN 237982) 5 Assistant United States Attorney 6 450 Golden Gate Avenue, Box 36055 San Francisco, California 94102-3495 Telephone: (415) 436-7167 FAX: (415) 436-7234 David.Pereda@usdoj.gov 7 8 9 Attorneys for Defendant SECRETARY OF THE DEPARTMENT OF HOMELAND SECURITY 10 UNITED STATES DISTRICT COURT 11 NORTHERN DISTRICT OF CALIFORNIA 12 SAN FRANCISCO DIVISION 13 14 15 16 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, 17 18 19 20 21 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 ) ) ) ) ) ) ) 22 23 24 25 26 27 28 Through their counsel of record, plaintiffs SAMUEL HUNT and JIMMIE TATE hereby stipulate to dismiss their claims in this action with prejudice, pursuant to Federal Rule of Civil Procedure 41(A)(2), as follows: 1. SAMUEL HUNT’s claims are hereby dismissed with prejudice; 2. JIMMIE TATE’s claims are hereby dismissed with prejudice; and 3. All parties are to bear their own attorneys’ fees and costs. STIP OF DIMISSAL; [PROPOSED] ORDER No. 15-cv-02740 JST 1 1 SO STIPULATED. 2 3 DATED: December 7, 2016 Respectfully submitted, 4 BRIAN J. STRETCH United States Attorney 5 /s/ David Pereda DAVID PEREDA Assistant United States Attorney 6 7 Attorneys for Defendant 8 9 DATED: December 7, 2016 MORRIS POLICH & PURDY LLP 10 /s/ Jeremy Thompson * JEREMY THOMPSON 11 Attorneys for Plaintiffs SAMUEL HUNT AND JIMMIE TATE 12 13 *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. 14 15 [PROPOSED] ORDER 16 Pursuant to the parties’ Stipulation, SAMUEL HUNT’s and JIMMIE TATE’s claims herein are 17 18 hereby dismissed with prejudice. Each party to bear his or her own costs and attorneys’ fees. IT IS SO ORDERED. 19 20 21 Dated: December 7, 2016 22 23 THE HONORABLE JON S. TIGAR 24 25 26 27 28 STIP OF DIMISSAL; [PROPOSED] ORDER No. 15-cv-02740 JST 2

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