Opinion
No. C-02-0454-JSW
January 28, 2003
KEVIN V. RYAN, United States Attorney, JOCELYN BURTON, Assistant United States Attorney, Chief, Civil Division, MONICA FERNANDEZ, Assistant United States Attorney, San Francisco, California, Attorneys for Defendant.
DONALD UNGAR, ESQ., Counsel for Plaintiffs.
STIPULATION TO DISMISS COMPLAINT WITH PREJUDICE; [PROPOSED] ORDER
Plaintiffs, by and through their attorney of record, and defendant, by and through his attorneys of record, hereby stipulate, subject to the approval of the Court, as follows:
1. On January 25, 2002, plaintiffs filed and served a complaint for declaratory judgment in the above-entitled case. Defendant filed an answer to the complaint on April 8, 2002.
2. Following the filing of this stipulation with the Court, defendant will forthwith issue a Notice to Appear placing plaintiff Donald Gerber in removal proceedings pursuant to Immigration and Nationality Act § 240, 8 U.S.C. § 1229a.
3. Because the issues raised by this complaint will be resolved in such removal proceedings, the parties hereby stipulate to the dismissal of this complaint with prejudice, the parties to bear their own fees and costs.
ORDER
Pursuant to stipulation, IT IS SO ORDERED.