(SS) Morales v. Commissioner of Social Security ( 2022 )

1 Jonathan O. Peña, Esq. 2 CA Bar ID No.: 278044 Peña & Bromberg, PLC 3 2440 Tulare St., Ste. 320 Fresno, CA 93721 4 Telephone: 559-439-9700 5 Facsimile: 559-439-9723 Email: info@jonathanpena.com 6 Attorney for Plaintiff, Marcela Morales 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 MARCELA MORALES, Case No. 1:22-cv-00008-EPG 11 Plaintiff, ORDER RE: STIPULATION FOR DISMISSAL 12 v. (ECF No. 20). 13 14 KILOLO KIJAKAZI, Acting Commissioner of Social Security, 15 Defendant. 16 17 Pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii), which provides that a plaintiff may 18 dismiss an action without court order by filing “a stipulation of dismissal signed by all parties who 19 have appeared”. 20 IT IS HEREBY STIPULATED by and between the parties through their undersigned counsel, 21 that Plaintiff voluntarily dismisses the above -referenced action. Each party agrees to bear their own 22 attorney fees, costs, and expenses associated with the action. 23 // 24 // 25 // 26 // 27 // 1 Respectfully submitted, 2 Dated: October 5, 2022 /s/ Jonathan O. Peña 3 J ONATHAN O. PEÑA Attorney for Plaintiff 4 5 Dated: October 5, 2022 PHILLIP A. TALBERT United States Attorney 6 MATHEW W. PILE 7 Associate General Counsel Office of Program Litigation 8 Social Security Administration 9 By: _* Andrea Lee Banks_ Andrea Lee Banks 10 Special Assistant U.S. Attorney 11 Attorneys for Defendant (*Permission to use electronic signature 12 obtained via email on October 5, 2022) 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 1 ORDER 2 Based upon the stipulation (ECF No. 20) of the parties, this action has been terminated, Fed. R. 3 |) Civ. P. 41(a)(1)(A)qdi), and has been dismissed with each party to bear its own attorney fees, costs, an 4 || eXpenses associated with the action. See Wilson v. City of San Jose, 111 F.3d 688, 692 (9th Cir. 1997). 5 Accordingly, the Clerk of Court is directed to close this action. 6 7 | IT IS SO ORDERED. Dated: _ October 11, 2022 [spe ey —— 9 UNITED STATES MAGISTRATE JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -3-