Abdulfarid v. Sessions et al

Filing 11

STIPULATION AND ORDER OF DISMISSAL re 9 . STIPULATION WITH PROPOSED ORDER TO DISMISS CASE PURSUANT TO FRCP 41 filed by Elaine Duke, Robert M Cowan, Tamim Abdulfarid, Jefferson B. Sessions. ***Civil Case Terminated. Signed by Magistrate Judge Kandis A. Westmore on 11/7/17. (sisS, COURT STAFF) (Filed on 11/7/2017)

1 BRIAN J. STRETCH (CABN 163973)
United States Attorney
2 SARA WINSLOW (DCBN 457643)
Chief, Civil Division
3 JULIE BIBB DAVIS (CABN 184957)
Assistant United States Attorney
450 Golden Gate Avenue, Box 36055
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San Francisco, California 94102-3495
Telephone: [phone]
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Facsimile: [phone]
[e-mail]
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7 Attorneys for Defendants
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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OAKLAND DIVISION
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TAMIM ABDULFARID,
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Plaintiff,
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v.
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JEFFERSON B. SESSIONS, U.S. Attorney
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General; ELAINE DUKE, Acting Secretary of
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Department of Homeland Security; ROBERT M. )
COWAN, Director of the National Benefit Center, )
U.S. Citizenship and Immigration Services,
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Defendants.
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Case No. 17-cv-04496 KAW
JOINT STIPULATION OF DISMISSAL
PURSUANT TO FEDERAL RULE OF
CIVIL PROCEDURE 41 AND [PROPOSED]
ORDER

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JOINT STIPULATION OF DISMISSAL PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 41 AND
[PROPOSED] ORDER
C 17-04496 KAW

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Pursuant to Federal Rule of Civil Procedure 41, the parties, Defendants Jefferson B. Sessions,

2 U.S. Attorney General; Elaine Duke, Acting Secretary of Department of Homeland Security, and Robert
3 M. Cowan, Director of the National Benefit Center, U.S. Citizenship & Immigration Services
4 (“USCIS”), (collectively, “Defendants”), and Plaintiff Tamim Abdulfarid, by and through their
5 respective counsel, stipulate to DISMISS Plaintiff’s complaint. The parties state as follows:
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1.

On August 7, 2017, Plaintiff filed his complaint in this immigration case seeking relief

7 under the Administrative Procedure Act, 5 U.S.C. § 701 et seq.;
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2.

On or about October, 2 2017, Plaintiff was issued a Notice to Appear (“NTA”) by the

9 Department of Homeland Security;
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3.

Accordingly, Plaintiff has agreed to refrain from pursuing this litigation, as the NTA has

11 initiated a case in which Plaintiff can pursue his remedies in Immigration Court.
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THEREFORE, IT IS HEREBY STIPULATED by and between Plaintiff and Defendants that this

13 case is DISMISSED. Each party agrees to pay its own fees and costs associated with this case.
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SO STIPULATED.

15 Dated: November 8, 2017

Respectfully submitted,

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BRIAN J. STRETCH
United States Attorney

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/s/ Julie Bibb Davis
Julie Bibb Davis
Assistant United States Attorney

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Counsel for Defendants
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21 Dated: November 8, 2017
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/s/ Wahida Noorzad
Wahida Noorzad
39111 Paseo Padre Parkway, Suite 2017
Fremont, California 94538

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Counsel for Plaintiff
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ECF ATTESTATION

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In accordance with Civil Local Rule 5(i)(3), I, Julie Bibb Davis, attest that I have obtained

27 concurrence in the filing of this document from the other signatory listed here.
28 JOINT STIPULATION OF DISMISSAL PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 41 AND
[PROPOSED] ORDER
C 17-04496 KAW
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[PROPOSED] ORDER

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Pursuant to Federal Rule of Civil Procedure 41, and stipulation of the parties, this case is

4 DISMISSED.
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IT IS SO ORDERED.

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7 DATED: 11/7/17
Hon. Kandis A. Westmore
United States Magistrate Judge

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28 JOINT STIPULATION OF DISMISSAL PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 41 AND
[PROPOSED] ORDER
C 17-04496 KAW
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