Chowdhury et al v. Still et al Doc.

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Case 3:06-cv-07032-SC Document 4 Filed 11/20/2006 Page 1 of 2

1 Marc Van Der Hout, CA SBN # 80778

Stacy Tolchin, CA SBN # 217431
2 Van Der Hout, Brigagliano & Nightingale, LLP
180 Sutter Street, Fifth Floor
3
San Francisco, California 94104
4 Telephone: (415) 981-3000
Facsimile: (415) 981-3003
5 Email: ndca@vblaw.com
6 Attorneys for Plaintiffs
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UNITED STATES DISTRICT COURT FOR THE
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NORTHERN DISTRICT OF CALIFORNIA
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A.M. Rashed CHOWDHURY, Case No. C 06-7032 SC
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Mumtaz CHOWDHURY,
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Plaintiffs, NOTICE OF
12 VOLUNTARY
v. DISMISSAL
13

14 David STILL, in his Official Capacity, District Immigration Case, Administrative

Director, U.S. Citizenship and Immigration Services, Procedure Act Case
15 United States Department of Homeland Security, San
Francisco, California; Christina POULOS, in her Agency No.:A75 246 305
16 Official Capacity, Acting Director, U.S. Citizenship A75 246 306
and Immigration Services California Service Center,
17 United States Department of Homeland Security;
18 Michael CHERTOFF, in his Official Capacity,
Secretary, United States Department of Homeland
19 Security; and Alberto R. GONZALES, in his Official
Capacity, Attorney General, U.S. Department of
20 Justice.
21 Defendants.
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Notice of Dismissal 1 No. C 06-7032 SC

Dockets.Justia.com
 Case 3:06-cv-07032-SC Document 4 Filed 11/20/2006 Page 2 of 2

1 Plaintiffs, A.M. Rashed CHOWDHURY and Mumtaz CHOWDHURY, hereby

2 voluntarily dismiss the above-captioned case. Northern District of California, Local

3
Rules 3-2(c) and (e) require that, with limited exceptions, civil actions and proceedings
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be assigned by the clerk to a court serving the county in which the action arises.
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Plaintiffs’ action arises in Santa Clara County. Plaintiffs hereby dismiss the instant case
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in the San Francisco Division, as it should have properly been brought in the San Jose
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8 Division. Local Rule 3-2(e). Plaintiffs are filing a new Complaint designating the San

9 Jose Division as the proper venue for assignment. The new Complaint names the officer
10 in charge of the San Jose District Office of the United States Citizenship and Immigration
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Services as the lead Defendant. Counsel for Plaintiffs and Defendants in both actions are
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filing a stipulation in the new action stating that dismissal of the herein Complaint and
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refiling of a new Complaint designating San Jose as the proper Division is the appropriate
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15 course of action.

16 Pursuant to Federal Rule of Civil Procedure 41(a)(1), this action may be

17 dismissed voluntarily by Plaintiffs without order of the court, as the notice of dismissal is
18 filed before service by Defendants of an answer or motion for summary judgment.
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21 Dated: November 17, 2006 Respectfully submitted,

ISTRIC
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TES D TC
23 TA ___/s/____________________
O
S

Marc Van Der Hout

U
ED

RT

Attorney for Plaintiffs

24 ERED
O ORD
UNIT

IT IS S
A.M. Rashed CHOWDHURY and
25 Mumtaz CHOWDHURY
R NIA

26 ti
uel Con
NO

am
Judge S
FO

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RT

LI

ER 11/20/06
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N C
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D IS T IC T O
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Notice of Dismissal 2 No. C 06-7032 SC