Sidhu et al v. Bardini et al

Filing 24

ORDER re 23 GRANTING STIPULATION TO DISMISS WITHOUT PREJUDICE PURSUANT TO FED. R. CIV. P. 41(a)(1)(A)(ii). Signed by Judge CLAUDIA WILKEN on 7/14/09. (scc, COURT STAFF) (Filed on 7/14/2009)

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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 TONY WEST United States Department of Justice 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 868, Ben Franklin Station Washington, D.C. 20044 Telephone: (202) 616-0063 FAX: (202) 616-8962 Attorneys for Defendants UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION ) ) ) Plaintiffs, ) ) v. ) ) ) EMILIA BARDINI, et al., ) Defendants. ) ) ) NAVJIT KAUR SIDHU, et al., No. 08-cv-5350 CW PARTIES' STIPULATION TO DISMISS WITHOUT PREJUDICE PURSUANT TO FED. R. CIV. P. 41(a)(1)(A)(ii); AND ORDER In accordance with the provisions of Federal Rule of Civil Procedure 41(a)(1)(A)(ii), Plaintiffs, by and through their attorney of record, Robert Jobe, and Defendants, by and through their attorney of record, Sherease Pratt, hereby stipulate to dismissal of the above-entitled action without prejudice, in light of the fact that the Government has agreed to (1) move the immigration court to dismiss the Plaintiffs' immigration court proceedings, without prejudice; (2) reopen and recommence asylum termination proceedings through the issuance of a new Notice of Intent to Terminate, if and when the Immigration Judge grants the Government's motion to dismiss the immigration court proceedings without prejudice; and 3) by operation of law, once termination proceedings are reopened, Plaintiffs will revert to their previous immigration status until such status Stipulation to Dismiss 08-cv-05350-CW 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 is terminated. Each of the parties shall bear their own costs and fees. DATED: June 30, 2009. /s/ Robert Jobe ROBERT JOBE, Esq. Law Office of Robert B. Jobe 550 Kearny Street, Suite 200 San Francisco, CA 94108 Phone:(415) 956-5513 Fax: (415) 840-0308 Email: bob@jobelaw.com Attorney for Plaintiffs DATED: June 30, 2009. TONY WEST Assistant Attorney General, Civil Division United States Department of Justice ELIZABETH J. STEVENS Assistant Director, District Court Section Civil Division, Office of Immigration Litigation /s/ Sherease Pratt SHEREASE PRATT1 Trial Attorney, District Court Section Civil Division, Office of Immigration Litigation United States Department of Justice P.O. Box 868, Ben Franklin Station Washington, D.C. 20044 Phone: (202) 616-0063 Facsimile: (202) 616-8962 Email: Sherease.Pratt@usdoj.gov Attorneys for Defendants ORDER Pursuant to stipulation, IT IS SO ORDERED. Date: 7/14/09 ___________________________ CLAUDIA WILKEN United States District Judge I, Sherease Pratt, hereby 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 08-cv-05350-CW 1 2

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