Wheeler v. Chertoff et al

Filing 75

STIPULATION AND ORDER with Prejudice. Each party will bear its own costs and attorneys fees. Signed by Judge Saundra Brown Armstrong, on 2/25/10. (lrc, COURT STAFF) (Filed on 2/26/2010) Modified on 3/1/2010 (jlm, COURT STAFF).

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Thomas G.F. Del Beccaro (California Bar #132351) Del Beccaro, Hornsby & Blake 800 So. Broadway, Suite 301 Walnut Creek, California 94596 Telephone: [phone] Facsimile: [phone] Attorney for Plaintiff Ernest C. Wheeler JOSEPH P. RUSSONIELLO (CABN 44332) United States Attorney JOANN M. SWANSON (CABN 88143) Chief, Civil Division NEILL T. TSENG (CABN 220348) Assistant United States Attorney 450 Golden Gate Avenue, Box 36055 San Francisco, California 94102-3495 Telephone: [phone] FAX: [phone] [e-mail] Attorneys for Defendant UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA, OAKLAND DIVISION ERNEST C. WHEELER, ) ) Plaintiff, ) ) v. ) ) JANET NAPOLITANO, Secretary, ) Department of Homeland Security, Federal ) Emergency Management Agency ) ) Defendant. ) ) No. C 08-01738 SBA STIPULATION TO DISMISS WITH PREJUDICE; ORDER

THE PARTIES, BY AND THROUGH THEIR ATTORNEYS OF RECORD, HEREBY SUBMIT THE FOLLOWING STIPULATION: Pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii), plaintiff ERNEST WHEELER and defendant JANET NAPOLITANO,1 Secretary, Department of Homeland Security, Federal Emergency Management Agency, hereby stipulate to dismiss with prejudice

Janet Napolitano is substituted for her predecessor Michael Chertoff as the defendant in this case.
STIPULATION TO DISMISS WITH PREJUDICE; [PROPOSED] ORDER 1 C 08-01738 SBA

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the above-captioned action, including all claims that were or could have been asserted therein. Each party will bear its own costs and attorneys fees. Respectfully submitted,

DATED:

THOMAS G. DEL BECCARO DEL BECCARO, HORNSBY & BLAKE Attorney for Plaintiff

JOSEPH P. RUSSONIELLO United States Attorney

DATED:

NEILL T. TSENG Assistant United States Attorney Attorneys for Defendant

PURSUANT TO STIPULATION, IT IS SO ORDERED:

DATED: 2/25/10

_______________________________________ HONORABLE SAUNDRA B.ARMSTRONG UNITED STATES DISTRICT JUDGE

STIPULATION TO DISMISS WITH PREJUDICE; [PROPOSED] ORDER 2 C 08-01738 SBA