Pangea Legal Services v. United States Citizenship and Immigration Services

CourtDistrict Court, N.D. California
DecidedJanuary 19, 2021
Docket3:20-cv-03619
StatusUnknown

This text of Pangea Legal Services v. United States Citizenship and Immigration Services (Pangea Legal Services v. United States Citizenship and Immigration Services) is published on Counsel Stack Legal Research, covering District Court, N.D. California primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Pangea Legal Services v. United States Citizenship and Immigration Services, (N.D. Cal. 2021).

Opinion

1 DAVID L. ANDERSON (CABN 149604) United States Attorney 2 SARA WINSLOW (DCBN 457643) Chief, Civil Division 3 SHARANYA MOHAN (NYRN5027768) Assistant United States Attorney 4 450 Golden Gate Avenue 5 San Francisco, California 94102-3495 Telephone: (415) 436-7198 6 Fax: (415) 436-6748 sharanya.mohan@usdoj.gov 7 Attorneys for Defendant 8 9 10 UNITED STATES DISTRICT COURT 11 NORTHERN DISTRICT OF CALIFORNIA 12 SAN FRANCISCO DIVISION 13 PANGEA LEGAL SERVICES, ) CASE NO. 20-cv-03619 RS 14 ) Plaintiff, ) STIPULATION OF SETTLEMENT AND 15 ) DISMISSAL WITH PREJUDICE; ORDER v. ) 16 ) U.S. CITIZENSHIP AND IMMIGRATION ) 17 SERVICES, ) ) 18 ) Defendant. ) 19 ) 20 21 22 23 24 25 26 27 1 IT IS HEREBY STIPULATED by and between the undersigned Plaintiff and Defendant, by and 2 through their respective attorneys, as follows: 3 WHEREAS, on June 1, 2020, Plaintiff filed the above-captioned action under the Freedom of 4 Information Act (“FOIA”), 5 U.S.C. § 552; 5 WHEREAS, the parties wish to avoid any further litigation and controversyand to compromise 6 fully any and all claims and issues that have been raised, or could have been raised, under the FOIA in 7 this action; 8 WHEREAS, among other records, USCIS produced five pages consistingof a guidance 9 memorandum bearing Bates stamps USCIS-PLS-FOIA-00001 to 00005 (attached as Exhibit A hereto) in 10 response to the FOIA request at issue in this action; 11 WHEREAS, Defendant represents that the author of the guidance document attached as Exhibit 12 A is an adjudications officerwithin the Field Operations Directorate, Division 1, Adjustment of Status; 13 NOW, THEREFORE, in consideration of the mutual promises contained in this Stipulation, and 14 other good and valuable consideration, receipt of which is hereby acknowledged, the parties stipulate as 15 follows: 16 1. Defendant shall pay $12,500(twelve thousand five hundred dollars and zero cents) to 17 Plaintiff in full and complete satisfaction of Plaintiff’s claims for attorneys’ fees, costs, and litigation 18 expenses under the Freedom of Information Act (“FOIA”), 5 U.S.C. § 552, as amended, in the above- 19 captioned matter. This payment shall constitute full and final satisfaction of any and all of Plaintiff’s 20 claims for attorneys’ fees, costs, and litigation expenses in the above-captioned matter, and is inclusive 21 of any interest. Payment of this money will be made by electronic funds transfer or check promptly after 22 notification of the Court’s entry of this Stipulation and after receipt ofnecessary information from 23 Plaintiffto effectuate the payment. Defendant will make all reasonable efforts to make payment within 24 forty-five (45)days of the date that Plaintiff’s counsel provides the necessary information for the 25 electronic funds transfer and this Stipulation is approved by the Court, whichever is later, but cannot 26 guarantee payment within that time frame. 27 2. Upon the execution of this Stipulation, Plaintiff, having received the records it requested, 1 department, agency, or establishment of the United States, and any officers, employees, agents, 2 successors, or assigns of such department, agency, or establishment, from any and all claims and causes 3 of action that Plaintiff asserted or could have asserted in this litigation with respect to the specific FOIA 4 request on which this action is based, or which hereafter could be asserted by reason of, or with respect 5 to, or which arise out of, the specific FOIA request on which this action is based, including but not 6 limited to all past, present, or future claims for attorneys’ fees, costs, or litigation expenses in connection 7 with the above-captioned litigation. 8 3. The provisions of California Civil Code Section 1542 are set forth below: 9 “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if 10 known by him or her, would have materially affected his or her settlement with the debtor or released party.” 11 Plaintiff having been apprised of the statutory language of Civil Code Section 1542 by Plaintiff’s 12 attorney, and fully understanding the same, nevertheless elects to waive the benefits of any and all rights 13 Plaintiff may have pursuant to the provision of that statute and any similar provision of federal law. 14 Plaintiff understands that, if the facts concerning any injuries, liability for damages pertaining thereto, or 15 liability for attorneys’ fees, costs or litigation expenses are found hereafter to be other than or different 16 than the facts now believed by it to be true, this Stipulation shall be and remain effective 17 notwithstanding such material difference. 18 4. Execution of this Stipulation and its approval by the Court shall constitute dismissal of 19 this case with prejudice pursuant to Fed. R. Civ. P. 41(a). 20 5. The parties acknowledge that this Stipulation is entered into solely for the purpose of 21 settling and compromising Plaintiff’s claim to attorneys’ fees, costs, or other litigation expenses without 22 further litigation, and it shall not be construed as evidence or as an admission on the part of Defendant, 23 the United States, its agents, servants, or employees regarding any issue of law or fact, or regarding the 24 truth or validity of any allegation or claim raised in this action, or as evidence or as an admission by the 25 Defendant regarding Plaintiff’s entitlement to attorneys’ fees, costs, or other litigationexpenses under 26 FOIA. Nor will this Stipulation be construed as an admission on the part of Plaintiff or their counsel 27 regarding any issue of law or fact, or regarding the truth or validity of any defense raised in this action, 1 or as evidence or as an admission by the Plaintiff regarding attorneys’ fees, costs, or other litigation 2 expenses under FOIA. This Stipulation shall not be used in any manner to establish liability for fees or 3 costs in any other case or proceeding involving Defendant or as a defenseto fees or costs in any other 4 case or proceeding. 5 6. This Stipulation is binding upon and inures to the benefit of the parties hereto and their 6 respective successors and assigns. 7 7. If any provision of this Stipulation shall be held invalid, illegal, or unenforceable, the 8 validity, legality, and enforceability of the remaining provisions shall not in any way be affected or 9 impaired thereby. 10 8. This Stipulation shall constitute the entire agreement between the parties, and it is 11 expressly understood and agreed that this Stipulation has been freely and voluntarily entered into by the 12 parties hereto. The parties further acknowledge that no warranties or representations have been made on 13 any subject other than as set forth in this Stipulation. 14 9. The persons signing this Stipulation warrant and represent that they possess full authority 15 to bind the persons on whose behalf they are signing to the terms of the Stipulation. 16 10. This Stipulation may not be altered, modified or otherwise changed in any respect except 17 in writing, duly executed by all of the parties or their authorized representatives. 18 11. It is contemplated that this Stipulation may be executed in several counterparts, with a 19 separate signature page for each party. All such counterparts and signature pages, together, shall be 20 deemed to be one document. 21 IT IS SO STIPULATED. 22 CERTIFICATION 23 Pursuant to Civil Local Rule 5-1(i)(3), the filer of this document attests under penalty of 24 perjury that counsel for Plaintiff has concurred in the filing of this document.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Herrera-Molina v. Holder
597 F.3d 128 (Second Circuit, 2010)

Cite This Page — Counsel Stack

Bluebook (online)
Pangea Legal Services v. United States Citizenship and Immigration Services, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pangea-legal-services-v-united-states-citizenship-and-immigration-services-cand-2021.