Niva v. United States of America Department of The Interio

Filing 133

STIPULATION AND ORDER RE: 132 OF DISMISSAL. Signed by Judge Richard Seeborg on 03/18/2010. (rslc3, COURT STAFF) (Filed on 3/18/2010)

JOSEPH P. RUSSONIELLO (CSBN 44332) United States Attorney JOANN M. SWANSON (CSBN 88 143) Chief, C v l Division ii C L A W T. CORMIER (CSBN 154364) Assistant United States Attorney
150 AIrnaden Boulevard, Suite PO0 San Jose, California 95 113 Telephone: [phone] Facsimile: [phone] [e-mail]

*E-Filed 03/18/2010*

Attorneys for Defendant United States of America

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN JOSE DIVISION

GARY NIVA and ALINKA W A , as Administrators of the Estate of ERIC AUSTIN NIVA, deceased,
Plaintiffs,

1 1 1 1
)
)

)

No. C 03-0908 RS

STIPULATION OF DISMISSAL; [PROPOSED] ORDER

v.
UNITED STATES OF AMERICA, DEPARTMENT OF THE INTERIOR, BUREAU OF LAND MANAGEMENT,
Defendants.

11

The parties to this action, through their attorneys of record, hereby stipulate and agree that the above-referenced action is voluntarily dismissed with prejudice pursuant to Federal Rules of Civil Procedure, Rule 41(a), and pursuant to the Stipulation for Compromise Settlement and Release of Federal Tort Claims Act Claims Pursuant to 28 U.S.C. $2677,entered into by the parties to this action. All parties will bear their own costs, fees, and expenses. Upon entry of the order approving this dismissal, the District Court: shall not retain jurisdiction over this action, the
settlement, or any other matter pertaining to this action or the settlement.

STIPULATION OF DISMISSAL; [PROPOSED] ORDER C 03-0908 RS -1-

Respectfully submitted,

JOSEPH P. RUSSOMELLO UNITED STATES ATTORNEY DATED: '

\ Y ,20 10

BY:
Assistant ~ n i t k d States Attorney Attorney for Defendant, United States of America

THE BOCCARDO LAW FRh4 LLP
\

DATED:

,2010

BY:
JOHN C. STEIN Attorney for Plaintiff

[PROPOSED] ORDER Upon stipulation of the parties and good cause appearing, IT IS SO ORDEEWD.
March 18, 2010

DATED:

RICHARD SEEBORG United States District Court Judge

STIPULATION OF DISMISSAL; [PROPOSED] ORDER C 03-0908 RS -2-