Free Stipulation - District Court of California - California

Case 5:07-cv-04358-HRL

Document 5

Filed 10/25/2007

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 ILA C. DEISS, NY SBN 3052909 4 Assistant United States Attorney 5 6 7 Attorneys for Defendants 8 9 10 11 12 YING YAN, 13 14 15 16 17 18 19 20 21 22 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION ) ) Plaintiff, ) ) v. ) ) ALBERTO GONZALES, Attorney General of ) the United States; ) ROBERT S. MUELLER, Director of FBI; ) MICHAEL CHERTOFF, Secretary of the ) Department of Homeland Security; ) EMILIO T. GONZALEZ, Director of the United ) States Citizenship and Immigration Service; ) FRANCIS D. SICILIANO, Officer in Charge ) of the San Jose Citizenship and Immigration ) Service sub-office in his official capacity, ) ) Defendants. ) ) No. C 07-4358 HRL 450 Golden Gate Avenue, Box 36055 San Francisco, California 94102 Telephone: (415) 436-7124 FAX: (415) 436-7169

CONSENT TO MAGISTRATE JUDGE JURISDICTION AND STIPULATION TO DISMISS; AND [PROPOSED] ORDER

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 Further, Plaintiff, by and through her attorney of record, and Defendants, by and through their

27 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 Consent and Stipulation to Dismiss C07-4358 HRL 1

Case 5:07-cv-04358-HRL

Document 5

Filed 10/25/2007

Page 2 of 2

1 Immigration Services is now prepared to grant Plaintiff's application for naturalization and agrees 2 to do so within 30 days of the dismissal of this action. 3 4 5 Dated: October 23, 2007 6 7 8 9 10 11 12 Dated: October 23, 2007 13 14 15 ORDER 16 Pursuant to stipulation, IT IS SO ORDERED. 17 18 19 Date: 20 21 22 23 24 25 26 27 28 Consent and Stipulation to Dismiss C07-4358 HRL 2 HOWARD R. LLOYD United States Magistrate Judge /s/ GREGORY G. RHEAMS Attorney for Plaintiff /s/ ILA C. DEISS Assistant United States Attorney Attorney for Defendants Respectfully submitted, SCOTT N. SCHOOLS United States Attorney Each of the parties shall bear their own costs and fees.