Free Stipulation - District Court of California - California

Case 5:07-cv-04984-RS

Document 5

Filed 11/29/2007

Page 1 of 2

1 SCOTT N. SCHOOLS, SC SBN 9990 United States Attorney 2 JOANN M. SWANSON, CSBN 88143 Assistant United States Attorney 3 Chief, Civil Division MELANIE L. PROCTOR, CSBN 228971 4 Assistant United States Attorney 5 6 7 Attorneys for Defendants 8 9 10 11 12 IRVIN K. YEE, and LIYA YANG, 13 Plaintiffs, 14 v. 15 MICHAEL CHERTOFF, Secretary of the 16 Department of Homeland Security; ROBERT S. MUELLER, Director of Federal 17 Bureau of Investigation, 18 19 20 Plaintiffs, by and through their attorney of record, and Defendants, by and through their attorneys Defendants ) UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION ) ) No. C 07-4984 RS ) ) ) STIPULATION TO DISMISS; AND ) [PROPOSED] ORDER ) ) ) ) ) ) ) 450 Golden Gate Avenue, Box 36055 San Francisco, California 94102 Telephone: (415) 436-6730 FAX: (415) 436-6927

21 of record, hereby stipulate, subject to the approval of the Court, to dismissal of the above-entitled 22 action without prejudice in light of the fact that the United States Citizenship and Immigration Services 23 is now prepared to adjudicate Plaintiff Liya Yang's application for adjustment of status application 24 (Form I-485) and agrees to do so within 30 days of the dismissal of this action. 25 /// 26 /// 27 /// 28 /// Stipulation to Dismiss C07-4984 RS 1

Case 5:07-cv-04984-RS

Document 5

Filed 11/29/2007

Page 2 of 2

1 Each of the parties shall bear their own costs and fees. 2 Dated: November 29, 2007 3 4 5 6 7 8 9 Dated: November 29, 2007 10 11 12 ORDER 13 Pursuant to stipulation, IT IS SO ORDERED. 14 15 16 Date: 17 18 19 20 21 22 23 24 25 26 27 28 Stipulation to Dismiss C07-4984 RS 2 RICHARD SEEBORG United States Magistrate Judge /s/ JUSTIN X. WANG Attorney for Plaintiffs /s/ MELANIE L. PROCTOR Assistant United States Attorney Attorney for Defendants Respectfully submitted, SCOTT N. SCHOOLS United States Attorney