Chen v. Chertoff, et al.

Filing 11

STIPULATION AND ORDER DISMISSING CASE. Parties will bear their own fees and costs. Signed by Judge Saundra Brown Armstrong, on 2/25/09. (lrc, COURT STAFF) (Filed on 2/26/2009) Modified on 2/27/2009 (jlm, COURT STAFF).

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Marc Van Der Hout (California Bar # 80778) Beth Feinberg (California Bar # 240857) Van Der Hout, Brigagliano & Nightingale, LLP 180 Sutter Street, Fifth Floor San Francisco, California 94104 Telephone: [phone] Facsimile: [phone] Email: [e-mail] Attorneys for Plaintiff Youhao CHEN (a.k.a. Yu How Chen)

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION Youhao CHEN (a.k.a. Yu How Chen) Plaintiff, v. Janet NAPOLITANO, in her Official Capacity, Secretary, U.S. Department of Homeland Security; Michael AYTES, in his Official Capacity, Acting Deputy Director, U.S. Citizenship and Immigration Services, U.S. Department of Homeland Security; Christina POULOS, in her Official Capacity, Director, California Service Center, U.S. Citizenship and Immigration Services, U.S. Department of Homeland Security; Eric HOLDER, in his Official Capacity, Attorney General, U.S. Department of Justice; and Robert S. MUELLER, III, in his Official Capacity, Director, Federal Bureau of Investigation Defendants. STIPULATION TO DISMISS; ORDER

Case No. C 08-4519 SBA

STIPULATION TO DISMISS

No. C 08-4519 SBA

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Plaintiff, by and through his attorney of record, and Defendants, by and through their attorneys of record, hereby stipulate, subject to the approval of the Court, to dismissal of the above-entitled action without prejudice, in light of the fact that the United States Citizenship and Immigration Services has adjudicated Plaintiff's Immigrant Petition by Alien Entrepreneur (Form I-526 petition). Each of the parties will bear their own fees and costs. DATE: February 20, 2009 Respectfully submitted, MARC VAN DER HOUT BETH FEINBERG Van Der Hout, Brigagliano & Nightingale, LLP _/s/___________________________ BETH FEINBERG1 Van Der Hout, Brigagliano & Nightingale, LLP Attorneys for Plaintiff DATE: February 20, 2009 GREGORY G. KATSAS DAVID J. KLINE VICTOR M. LAWRENCE GEOFFREY FORNEY Office of Immigration Litigation _/s/___________________________ GEOFFREY FORNEY Trial Attorney, District Court Section Office of Immigration Litigation Attorneys for Defendants

I, Beth Feinberg, attest that I have on file all holograph signatures for any signatures indicated by a "conformed" signature (/s/) within this e-filed document.
Stipulation to Dismiss 1 No. C 08-4519 SBA

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDER Pursuant to stipulation, IT IS SO ORDERED. All pending deadlines are hereby terminated. DATE: 2/25/09 _____________________________ SAUNDRA B. ARMSTRONG United States District Court Judge

Stipulation to Dismiss

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No. C 08-4519 SBA