Judith Anne Moloney v. Leon Rodriguez, et al

Filing 14

STIPULATION AND ORDER to dismiss motion for Temporary Restraining Order and Motion for Preliminary Injunction as Moot. Signed by Judge Richard Seeborg on 1/24/17. (cl, COURT STAFF) (Filed on 1/24/2017)

Case 3:17-cv-00303-RS Document 13 Filed 01/24/17 Page 1 of 3

1 BRIAN J. STRETCH (CABN 163973)
United States Attorney
2
SARA WINSLOW (DCBN 457643)
3 Chief, Civil Division
4 RAVEN M. NORRIS (CABN. 232868)
Assistant United States Attorney
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450 Golden Gate Avenue, Box 36055
San Francisco, California 94102-3495
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Telephone: [phone]
Fax: [phone]
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[e-mail]
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Attorneys for Defendants
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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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) 17-cv-0303-RS
13 Judith Anne Moloney,
)
)
Plaintiff,
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) STIPULATION TO DISMISS MOTION FOR
) TEMPORARY RESTRAINING ORDER AND
v.
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) MOTION FOR PRELIMINARY INJUNCTION
16 LEON RODRIGUEZ, Director, United States ) AS MOOT AND [PROPOSED] ORDER
)
Citizenship and Immigration Services; U.S.
)
17 Department of Homeland Security; MARK
HAZUDA, Nebraska Service Center Director, )
)
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U.S. Citizenship and Immigration Services; and )
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19 Jeh Johnson, Secretary, Department of
Homeland Security.
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)
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Defendants.
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Plaintiff Judith Anne Moloney, and Defendants, by and through their attorneys of record, hereby

23 stipulate, subject to the approval of the Court, to dismissal of Plaintiff’s Motion for Temporary
24 Restraining Order, and Motion for Preliminary Injunction as moot in light of the fact that the United
25 States Citizenship and Immigration Services adjudicated Plaintiff’s Applications for Employment
26 Authorization and Advance Parole.
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The Parties are not dismissing Plaintiff’s Petition for Writ of Mandamus at this time but are

28 working toward a resolution that may result in dismissal of the Petition at a later date.
STIPULATION TO DISMISS MOTION AS MOOT
17-CV-0303-RS

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Case 3:17-cv-00303-RS Document 13 Filed 01/24/17 Page 2 of 3

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Each of the parties shall bear their own costs and fees.

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SO STIPULATED.

3 Date: January 24, 2017

Respectfully Submitted,

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/s/ Zachary Nightingale
ZACHARY NIGHTINGALE
Attorney for Plaintiff
Judith Anne Moloney

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7 Dated: January 24, 2017

BRIAN J. STRETCH
United States Attorney

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/s/Raven M. Norris
RAVEN M. NORRIS 1
Assistant United States Attorney
Attorneys for United States

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I, Raven M. Norris, hereby attest, in accordance with the Civil L.R. 5(i)(3), the concurrence in
the filing of this document has been obtained from the other signatory listed here.
STIPULATION TO DISMISS MOTION AS MOOT
17-CV-0303-RS

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Case 3:17-cv-00303-RS Document 13 Filed 01/24/17 Page 3 of 3

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[PROPOSED] ORDER

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The Court, having considered the Stipulation To Dismiss Plaintiff’s Motion for Temporary

3 Restraining Order and Motion for Preliminary Injunction As Moot, and good cause appearing, hereby
4 ORDERS the Motion DISMISSED AS MOOT, and the parties shall each bear their own costs and
5 attorney’s fees.
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IT IS SO ORDERED.

7 Dated: 1/24/17

RICHARD SEEBORG
United States District Judge

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STIPULATION TO DISMISS MOTION AS MOOT
17-CV-0303-RS

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