Free Order Dismissing Case - District Court of California - California

Case 5:07-cv-04886-HRL

Document 17

Filed 04/01/2008

Page 1 of 2

1 2 3 4 5 6 7

JOSEPH P. RUSSONIELLO (CSBN 44332) United States Attorney JOANN M. SWANSON (CSBN 88143) Chief, Civil Division MELANIE L. PROCTOR (CSBN 228971) [email protected] Assistant United States Attorney 450 Golden Gate Avenue, Box 36055 San Francisco, California 94102-3495 Telephone: (415) 436-6730 FAX: (415) 436-7169 Attorneys for Defendants

*ORDER E-FILED 4/1/2008*

8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 SAN JOSE DIVISION 11 KAIWEN CAI, 12 Plaintiff, 13 v. 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Plaintiff, by and through his attorney of record, and Defendants, by and through their attorneys of record, hereby stipulate, subject to the approval of the Court, to dismissal of the aboveentitled action without prejudice in light of the fact that the United States Citizenship and Immigration Services has approved Plaintiff's application for adjustment of status. /// /// /// /// ///
*Pursuant

MICHAEL B. MUKASEY,* Attorney General; et al., Defendants.

) ) ) ) ) ) ) ) ) ) )

No. C 07-4886 HRL

XXXXXXX STIPULATION TO DISMISS; PROPOSED ORDER

to Fed. R. Civ. P. 25(d)(1), Michael B. Mukasey is substituted for his predecessor, Alberto Gonzales, as the United States Attorney General.
STIPULATION 07-4886 HRL

Case 5:07-cv-04886-HRL

Document 17

Filed 04/01/2008

Page 2 of 2

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Each of the parties shall bear their own costs and fees. Dated: March 28, 2008 Respectfully submitted, JOSEPH P. RUSSONIELLO United States Attorney

/s/ MELANIE L. PROCTOR1 Assistant United States Attorney Attorneys for Defendants

Dated: March 27, 2008

/s/ XIA ZHAO, Esq. Attorney for Plaintiff

XXXXXXX PROPOSED ORDER Pursuant to stipulation, IT IS SO ORDERED. All pending deadlines are hereby terminated. The Clerk shall close the file.

Dated: April 1, 2008 HOWARD R. LLOYD United States Magistrate Judge

I, Melanie L. Proctor, hereby attest that I have on file all holograph signatures for any signatures indicated by a "conformed" signature (/s/) within this efiled document.
STIPULATION 07-4886 HRL

1

2