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

1 Melissa Newel (#148563) NEWEL LAW 2 2625 Alcatraz Ave., Suite 132 Berkeley, CA 94705 3 (510) 316-3827 4 mnewel@newellawfirm.com 5 Attorney for Plaintiff BERNICE SIMS 6 7 PHILLIP A. TALBERT United States Attorney 8 PETER K. THOMPSON Acting Regional Chief Counsel, Region IX 9 Social Security Administration MARGARET LEHRKIND 10 Special Assistant U.S. Attorney 11 160 Spear Street, Suite 800 San Francisco, CA 94105 12 (510) 970-4829 margaret.lehrkind@ssa.gov 13 Attorneys for Defendant 14 15 UNITED STATES DISTRICT COURT 16 EASTERN DISTRICT OF CALIFORNIA 17 18 BERNICE SIMS, No. 1:22-cv-00211 (EPG) 19 20 Plaintiff, STIPULATION OF DISMISSAL AND 21 v. ORDER 22 COMMISSIONER OF (ECF No. 14) SOCIAL SECURITY, 23 Defendant. 24 25 26 27 Pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii) which provides that a plaintiff 28 may dismiss an action without court order by filing “a stipulation of dismissal signed by all 1 parties who have appeared,” IT IS HEREBY STIPULATED BY ALL PARTIES, through their 2 undersigned attorneys, and with the approval of the Court, that Plaintiff voluntarily dismiss, with 3 prejudice, the above-referenced action. Each party agrees to bear their own attorney fees, costs, 4 and expenses associated with the action. 5 Respectfully submitted, 6 Dated: October 13, 2022 NEWEL LAW 7 By: Melissa Newel 8 Melissa Newel Attorney for Plaintiff 9 BERNICE SIMS 10 11 Dated: October 13, 2022 PHILLIP A. TALBERT 12 United States Attorney PETER K. THOMPSON 13 Acting Regional Chief Counsel, Region IX 14 Social Security Administration 15 By: Margaret Lehrkind MARGARET LEHRKIND 16 Special Assistant U.S. Attorney 17 Attorneys for Defendant 18 19 20 21 22 23 24 25 26 27 28 1 ORDER 2 Based upon the stipulation (ECF No. 14) of the parties, this action has been terminated, 3 | Fed. R. Civ. P. 41(a)(1)(A)GD), and has been dismissed with prejudice and with each party to bear 4 | its own attorney fees, costs, and expenses associated with the action. See Wilson v. City of San 5 | Jose, 111 F.3d 688, 692 (9th Cir. 1997). Accordingly, the Clerk of Court is directed to close this 6 action. IT IS SO ORDERED. 8 g | Dated: _ October 17, 2022 [spe ey □□ UNITED STATES MAGISTRATE JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28