Sidhu et al v. Bardini et al

Filing 15

ORDER re 9 14 8 GRANTING STIPULATED NOTICE TO WITHDRAWAL OF 9 Amended MOTION to Dismiss.. Signed by Judge CLAUDIA WILKEN on 3/30/09. (scc, COURT STAFF) (Filed on 3/30/2009)

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MICHAEL F. HERTZ United States Department of Justice Acting Assistant Attorney General, Civil Division ELIZABETH J. STEVENS VSBN 47445 Assistant Director, District Court Section Office of Immigration Litigation SHEREASE PRATT NYSBN 2620912 Trial Attorney Office of Immigration Litigation P.O. Box 878, Ben Franklin Station Washington, D.C. 20044 Telephone: [phone] FAX: [phone] Attorneys for Defendants

9 UNITED STATES DISTRICT COURT 10 NORTHERN DISTRICT OF CALIFORNIA 11 SAN FRANCISCO DIVISION 12 NAVJIT KAUR SIDHU, et al., 13 Plaintiffs, 14 v. 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Plaintiffs, by and through their attorney, Robert B. Jobe, and Defendants, by and through their counsel of record, Sherease Pratt, hereby provide notice to the Court that the parties stipulate, pursuant to L.R. 7-12, that Defendants withdraw their Motion to Dismiss and their Amended Motion to Dismiss for lack of subject matter jurisdiction and/or for failure to state a claim upon which relief can be granted, pursuant to Fed. R. Civ. P. 12(b)(1) and (6) which were filed respectively on February 13, 2009, as docket entry number 8, and February 17, 2009, as docket entry number 9. The grounds for such withdrawal are a change in the facts that took place subsequent to the filing of the motions, which supersede such motions. On March 19, 2009, Plaintiffs filed an Amended Complaint, docket entry number 12. Defendants intend to file a
NOTICE AND MOTION N o . C 08-5350 CW

EMILIA BARDINI, et al., Defendants.

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No. 08-CV- 5350 CW ORDER GRANTING STIPULATED NOTICE OF WITHDRAWAL OF AMENDED MOTION TO DISMISS

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response to the Amended Complaint on April 2, 2009. Dated: March 27, 2009 Respectfully submitted, DATED: March 27, 2009

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NOTICE AND MOTION N o . C 08-5350 CW

DATED: March 27, 2009

/s/ Robert B. Jobe ROBERT B. JOBE KATHERINE M. LEWIS Law Office of Robert B. Jobe 550 Kearny Street, Suite 200 San Francisco, CA 94108 415-956-5513 Attorneys for Plaintiffs

MICHAEL F. HERTZ Acting Assistant Attorney General ELIZABETH J. STEVENS Assistant Director s/ Sherease Pratt SHEREASE PRATT Trial Attorney U.S. Department of Justice Civil Division, Office of Immigration Litigation Post Office Box 878, Ben Franklin Station Washington, D.C. 20044 Attorneys for Defendants

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1 2 [PROPOSED] ORDER 3 Pursuant to stipulation, IT IS HEREBY ORDERED that the Defendants' 4 Motion to Dismiss and Amended Motion to Dismiss are withdrawn. 5 6 7 DATED: 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
NOTICE AND MOTION N o . C 08-5350 CW

PURSUANT TO STIPULATION, IT IS SO ORDERED. 3/30/09 _______________________________________ CLAUDIA WILKEN UNITED STATES DISTRICT COURT JUDGE

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NOTICE AND MOTION N o . C 08-5350 CW

CERTIFICATE OF SERVICE Case No. 08-CV-5350 CW I hereby certify that on this 27th day of March 2009, one copy of the foregoing Notice of Withdrawal of Motion to Dismiss and Proposed Order was served on counsel for the Plaintiffs via the district court ECF system which will send notification of such filing to the following ECF filers: Robert B. Jobe Law Office of Robert B. Jobe 550 Kearny Street, Suite 200 San Francisco, CA 94108 415-956-5513 Email: [e-mail] Katherine Margaret Lewis The Law Office of Robert B. Jobe 550 Kearny Street, Suite 200 San Francisco, CA 94108 415-956-5513 x119 Email: [e-mail]

s/ Sherease Pratt SHEREASE PRATT

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