The opinion of the court was delivered by: Hon. Samuel Conti United States District Judge
JOINT STIPULATION REGARDING DISMISSAL OF COMPLAINT AND SETTLEMENT OF ATTORNEYS' FEES AND COSTS UNDER THE EQUAL ACCESS TO JUSTICE ACT Date: N/A Time: N/A
The Parties to this action, Plaintiffs: Shia Association of Bay Area, Inc., Nabi Raza MIR, Syeda Gulshan ZAHERA, A.R.M1., A.R.M2., A.R.M3., A.R.M4., and A.R.M5; and Defendants: 5 United States of America, Janet NAPOLITANO, Secretary, Department of Homeland Security; 6 Alejandro MAYORKAS, Director of United States Citizenship and Immigration Services 7 ("USCIS"); Rosemary Langley MELVILLE, Director of the USCIS California Service Center; 8 Eric HOLDER, Attorney General, Department of Justice; Carol KELLER, Field Office Director, 9 San Jose, California, United States Citizenship and Immigration Services; Hillary CLINTON, 10 Secretary of State; Perry, RHEW, Director of the USCIS Administrative Appeals Office; David 11 V. AGUILAR, Deputy Commissioner, U.S. Customs and Border Protection, hereby stipulate as 12 follows: 13
1. The Court shall dismiss with prejudice all of Plaintiffs' claims, including their Motion 14 under the Equal Access to Justice Act ("EAJA"), 28 U.S.C. § 2412(d), except that the 15 Court shall retain jurisdiction to enforce the terms of the attached Settlement Agreement 16 (Exhibit A), which the parties have entered into to resolve, inter alia, the issues remaining 17 in this case.
2. Prior to filing any action to enforce the terms of this Agreement, however, the parties agree 19 to negotiate in good faith for a period of fourteen (14) days to resolve any dispute they may 20 have over whether the terms of the Agreement have been complied with and may extend 21 that fourteen (14) day period by agreement of the parties in order to obtain resolution of the 22 dispute. The fourteen (14) day period does not commence until either party notifies the other through written communication by and to counsel for the parties via email or 2 facsimile. Any motion for attorneys' fees and costs to enforce the terms of this Agreement 3 shall be subject to a new motion for such fees and costs and subject to the terms and 4 standards set forth under the Equal Access to Justice Act ("EAJA"), 28 U.S.C. § 2412(d). 5
The parties agree that the failure to comply with the deadlines in the settlement agreement 6 due to "unforeseeable circumstances" does not constitute a violation of the settlement 7 agreement. "Unforeseeable circumstances" include, but are not limited to, war, invasion, 8 hostilities, virulent contagious disease outbreaks requiring quarantine, natural disasters, 9 local fires, or other similar events that affect the ability of either party to comply with the 10 settlement agreement deadlines. 11
Dated: December 20, 2012 Respectfully submitted, 12 /s/ Marc Van Der Hout Stacey Gartland Van Der Hout, Brigagliano & Nightingale, LLP Attorneys for Plaintiffs /s/ Dated: December 20, 2012 Melissa Leibman Trial Attorney United States Department of Justice Civil Division Office of Immigration Litigation District Court Section Attorney for Defendants
Pursuant to stipulation, IT IS SO ORDERED.
Date: _________________ 22
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