Shih et al v. United States Citizenship and Immigration Services et al

Filing 8

STIPULATION AND ORDER, ORDER DISMISSING CASE. Signed by Magistrate Judge Howard R. Lloyd on 1/13/09. (hrllc1, COURT STAFF) (Filed on 1/14/2009)

Case 5:08-cv-05389-HRL

Document 7

Filed 01/06/2009

Page 1 of 2

1 J OSEPH P. RUSSONIELLO, CSBN 44332 United States Attorney 2 J OANN M. SWANSON, CSBN 88143 Assistant United States Attorney 3 Chief, Civil Division ILA C. DEISS, NY SBN 3052909 4 Assistant United States Attorney 5 6 7 Attorneys for Defendants 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 SAN JOSE DIVISION 11 BILL SHIH, 12 13 14 15 16 17 18 19 20 In accordance with the provisions of 28 U.S.C. § 636(c) and Fed. R. Civ. P. 73, Plaintiff and ) ) Plaintiff , ) ) v. ) ) U.S. Citizenship and Immigration Services, ) JONATHAN SCHARFEN, Director; ) U.S. Citizenship and Immigration Services, ) ANITA ERFAN, Director of San Jose Field ) Office; U.S. Department of Homeland Security, ) MICHAEL CHERTOFF, Secretary, ) ) R es po n d en t s. ) ) No. C 08-5389 HRL PARTIES' CONSENT TO MAGISTRATE JUDGE JURISDICTION; STIPULATION TO DISMISS; AND [PROPOSED] O RD ER 450 Golden Gate Avenue, Box 36055 San Francisco, California 94102 Telephone: [phone] FAX: [phone]

21 Defendants in this case hereby voluntarily consent to have a United States Magistrate Judge 22 conduct any and all further proceedings in the case, including trial, and order the entry of a final 23 judgment. 24 Further, Plaintiff, by and through his attorneys of record, and Defendants, by and through their

25 attorneys of record, hereby stipulate, subject to the approval of the Court, to dismissal of the 26 above-entitled action without prejudice in light of the fact that the United States Citizenship and 27 Immigration Services is now prepared to adjudicate Plaintiff's application for naturalization and 28 Stipulation to Dismiss C 08-5389 HRL 1

Case 5:08-cv-05389-HRL

Document 7

Filed 01/06/2009

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1 agrees to do so within 21 days of the dismissal of this action. See 8 U.S.C. § 1447(b). 2 Each of the parties shall bear their own costs and fees. Respectfully submitted, J OSEPH P. RUSSONIELLO United States Attorney /s/ ILA C. DEISS1 Assistant United States Attorney Attorneys for Defendants

3 Dated: December 31, 2008 4 5 6 7 8 9 10 Date: January 6, 2009 11 12 13 14 15 16 Dat e: 17 18 19 20 21 22 23 24 25 26 27 28 Stipulation to Dismiss C 08-5389 HRL 2
1/13/09

_____________/s/______________ MING JI Attorney for Plaintiff

O RD ER Pursuant to stipulation, IT IS SO ORDERED.

HOWARD R. LLOYD United States Magistrate Judge

I, Ila Deiss, hereby attest that I have on file all holograph signatures for any signatures indicated by a "conformed" signature (/S/) within this e-filed document.

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