Maldonado et al v. Napolitano et al

Filing 9

STIPULATION AND ORDER Granting Dismissal with Prejudice pursuant to FRCP 41(a)(1)(A)(ii) re 8 Stipulation. Signed by Judge James Ware on 9/2/2010. (ecg, COURT STAFF) (Filed on 9/2/2010)

Maldonado et al v. Napolitano et al

Doc. 9

1 TONY WEST Assistant Attorney General 2 DAVID J. KLINE Director, District Court Section 3 Office of Immigration Litigation THEODORE W. ATKINSON 4 Senior Litigation Counsel NICOLE R. PRAIRIE, DCBN 982601 5 Trial Attorney 6 7 P.O. Box 868, Ben Franklin Station Washington, DC 20044 Telephone: [phone]; FAX: [phone]

8 Attorneys for Respondents 9 UNITED STATES DISTRICT COURT 10 NORTHERN DISTRICT OF CALIFORNIA 11 SAN FRANCISCO DIVISION 12 Hilda Rebeca Arango Maldonado, et al., 13 14 15 16 17 18 19 Petitioners, by and through their attorney of record, and Respondents, by and through their ) ) No. 10-cv-03101-JW P et i t i on e r s , ) ) v. ) ) STIPULATION TO DISMISS; AND Janet Napolitano, Secretary, Department ) [PROPOSED] ORDER of Homeland Security, et al., ) ) R e s p o n d e nts . ) _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ___ _ _ ___ _ _ _ _ _ _ _ _ _ _ )

20 attorney of record, hereby stipulate to dismissal of this action. On August 13, 2010, the Board of 21 Immigration Appeals reissued its previous decision in Petitioners' immigration case, thereby 22 affording them the opportunity to seek review of their case before the U.S. Court of Appeals for the 23 Ninth Circuit. The matter before this Court is accordingly moot. Thus, the parties hereby stipulate 24 and agree, and jointly request, pursuant to Fed. R. Civ. P. 41(a)(1)(A)(ii), that Petitioners' case be 25 dismissed without prejudice. Each party to bear its own costs and fees, and no attorney's fees or 26 costs under the Equal Access to Justice Act, or any other provision of law, will be sought in the 27 above-captioned matter. 28
Stipulation to Dismiss C 1 0 -c v -0 3 1 0 1 -J W

Dockets.Justia.com

1 Date: August 26, 2010 2 3 4 5 6 7 8 9 10 11 12 Dated: August 25, 2010 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 B y:

Respectfully submitted, TONY WEST Assistant Attorney General DAVID J. KLINE Director, District Court Section THEODORE W. ATKINSON Senior Litigation Counsel /s/ Nicole R. Prairie NICOLE R. PRAIRIE1 Trial Attorney Office of Immigration Litigation U.S. Department of Justice P.O. Box 868, Ben Franklin Station Washington, DC 20044 [phone]; 305-7000 (FAX) N i c o l e. P r a i r i e @ u s doj . g ov Attorneys for Respondents /s/ Charles Edward Nichol (with permission) CHARLES EDWARD NICHOL Law Office of Charles E. Nichol 220 Montgomery Street Suite 876 San Francisco, CA 94104 [phone]; 362-7402 (FAX) Attorney for Petitioners O RD E R

Pursuant to stipulation, IT IS SO ORDERED. Dated: this ___day2, 2010 Dated September of ______, 2010 2nd HONORABLE JAMES WARE United States District Judge

I, Nicole R. Prairie, hereby attest that I have on file all holograph signatures for any signatures indicated by a "conformed" signature (/s/) within this e-filed document.
S tip u la tio n to Dismiss C 1 0 -c v -0 3 1 0 1 -J W

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