Free Motion to Dismiss - District Court of California - California

Case 3:07-cv-02411-JAH-JMA

Document 9

Filed 08/08/2008

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KAREN P. HEWITT United States Attorney MEGAN CALLAN Assistant U.S. Attorney California Bar No. 230329 United States Attorney's Office 880 Front Street, Room 6293 San Diego, California 92101-8893 Telephone: (619) 557-7120 Facsimile: (619) 557-5004 E-mail: [email protected] Attorneys for Defendants UNITED STATES DISTRICT COURT

9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 FARAMARZ RASSOULI, ZAHRA ) 12 RASSOULI, AND POUYA RASSOULI, ) ) 13 Plaintiffs, ) ) 14 v. ) ) 15 MICHAEL CHERTOFF, Secretary of U.S. ) Department of Homeland Security; et al., ) 16 ) Defendants. ) 17 ___________________________________ ) 18 Case No. 07cv2411-JAH (JMA) JOINT MOTION TO DISMISS AS MOOT [FED. R. CIV. P. 12(b)(1)]

COME NOW THE PARTIES, Plaintiffs Faramarz Rassouli, Zahra Rassouli, and Pouya Rassouli,

19 by and through counsel, Robert A. Mautino, and Defendants Michael Chertoff, et al., by and through 20 their counsel, Karen P. Hewitt, United States Attorney, and Megan Callan, Assistant United States 21 Attorney, and hereby jointly move the Court to dismiss this case as moot. 22 Defendant U.S. Citizenship & Immigration Service adjudicated Plaintiffs' applications.

23 Therefore, all of the relief requested in Plaintiffs' Complaint has been granted, and there is no further 24 relief for the Court to order. Each party has agreed to bear its own costs and fees. 25 // 26 // 27 // 28 //

Case 3:07-cv-02411-JAH-JMA

Document 9

Filed 08/08/2008

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Based upon the foregoing, it is respectfully requested that the Court enter an order, dismissing

2 this case as moot. 3 4 5 6 Pursuant to Section 2(f)(4) of the Electronic Case Filing Administrative Policies and Procedures 7 of the United States District Court for the Southern District of California, I certify that the content of this 8 document is acceptable to counsel for the Plaintiff and that I have obtained authorization from Robert 9 A. Mautino to affix his electronic signature to this document. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 s/ Megan Callan MEGAN CALLAN Assistant U.S. Attorney Attorneys for Defendants DATED: August 7, 2008 KAREN P. HEWITT United States Attorney DATED: August 7, 2008 Respectfully submitted, s/ Robert A. Mautino ROBERT A. MAUTINO Attorney for Plaintiff E-mail: [email protected]

Joint Motion to Dismiss as Moot

07cv2411

Case 3:07-cv-02411-JAH-JMA

Document 9

Filed 08/08/2008

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1 KAREN P. HEWITT United States Attorney 2 MEGAN CALLAN Assistant U.S. Attorney 3 California Bar No. 230329 United States Attorney's Office 4 880 Front Street, Room 6293 San Diego, California 92101-8893 5 Telephone: (619) 557-7120 Facsimile: (619) 557-5004 6 E-mail: [email protected] 7 Attorneys for Defendants 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 FARAMARZ RASSOULI, ZAHRA ) 12 RASSOULI, AND POUYA RASSOULI, ) ) 13 Plaintiff, ) ) 14 v. ) ) 15 MICHAEL CHERTOFF, Secretary of U.S. ) Department of Homeland Security; et al., ) 16 ) Defendants. ) 17 ___________________________________ ) 18 IT IS HEREBY CERTIFIED THAT: 19 20 I am not a party to the above-entitled action. I have caused service of: JOINT MOTION TO 21 DISMISS AS MOOT on the following party by electronically filing the foregoing with the Clerk of the District Court using its ECF System, which electronically provides notice. 22 Robert A. Mautino 23 Attorney for Plaintiff [email protected] 24 I declare under penalty of perjury that the foregoing is true and correct. 25 Executed on August 7, 2008. 26 s/ Megan Callan Megan Callan 27 28 3 I, the undersigned, am a citizen of the United States and am at least eighteen years of age. My business address is 880 Front Street, Room 6293, San Diego, California 92101-8893. Case No. 07cv2411-JAH (JMA) CERTIFICATE OF SERVICE

Joint Motion to Dismiss as Moot

07cv2411