Wu v. Holder et al

Filing 6

STIPULATION AND ORDER TO DISMISS re 5 Stipulation filed by Robin Barrett, Robert S. Mueller, III, Michael Aytes, Janet Napolitano, Eric H. Holder. Signed by Magistrate Judge Howard R. Lloyd on 4/21/2010. (hrllc1, COURT STAFF) (Filed on 4/21/2010)

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 9 10 11 12 ZHE WU, 13 14 15 16 17 18 19 20 21 22 450 Golden Gate Avenue, Box 36055 San Francisco, California 94102 Telephone: [phone] FAX: [phone]

** E-Filed April 21, 2010 **

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION ) ) Plaintiff , ) ) v. ) ) ERIC HOLDER, Attorney General of the United ) States; JANET NAPOLITANO, Secretary of the ) Department of Homeland Security; ) MICHAEL AYTES, Acting Deputy Director, ) U.S. Citizenship and Immigration Services; ) ROBIN BARRETT, San Francisco Field Office ) Director; U.S. Citizenship and Immigration ) Services; ROBERT S. MUELLER III, Director ) of Federal Bureau of Investigation; ) ) D ef en d a n t s . ) ) No. C 10-1017 HRL PARTIES' CONSENT TO MAGISTRATE JUDGE JURISDICTION; STIPULATION TO DISMISS; AND [PROPOSED] O RD ER

In accordance with the provisions of 28 U.S.C. § 636(c) and Fed. R. Civ. P. 73, Plaintiff and

23 Defendants in this case hereby voluntarily consent to have a United States Magistrate Judge 24 conduct any and all further proceedings in the case, including trial, and order the entry of a final 25 judgment. 26 Additionally, Plaintiff, by and through her attorneys of record, and Defendants, by and through

27 their attorneys of record, hereby stipulate, subject to the approval of the Court, to dismissal of the 28 above-entitled action without prejudice in light of the fact that the United States Citizenship and Stipulation to Dismiss C 10-1017 HRL 1

1 Immigration Services is now prepared to adjudicate Plaintiff's application for naturalization and 2 agrees to do so within 30 days of the dismissal of this action. See 8 U.S.C. § 1447(b). 3 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

4 Dated: April 13, 2010 5 6 7 8 9 10 11 Date: April 13, 2010 12 13 14 15 16 17 Date: April 21, 2010 18 19 20 21 22 23 24 25 26 27 28

__________/s/__________________ ELIZA XUAN WANG 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. Stipulation to Dismiss C 10-1017 HRL

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