Kahrobaei v. Blinken ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 YASAMAN KAHROBAEI, et al., Case No. 1:23-cv-00951-JLT-SAB 12 Plaintiffs, ORDER DIRECTING THE CLERK OF THE COURT TO CLOSE CASE AND ADJUST 13 v. THE DOCKET TO REFLECT VOLUNTARY DISMISSAL PURSUANT TO 14 ANTONY J. BLINKEN, et al., RULE 41(a) OF THE FEDERAL RULES OF CIVIL PROCEDURE 15 Defendants. ORDER DENYING MOTION TO DISMISS 16 AS MOOT 17 (ECF Nos. 6, 18) 18 19 On June 23, 2023, Plaintiffs Yasaman Kahrobaei and Sajad Hatam Khani (“Plaintiffs”) 20 filed this action against Defendants Antony J. Blinken, Rena Bitter, and Stephanie Zakhem 21 (Defendants) seeking, in pertinent part, a final decision on Plaintiffs’ visa application. (ECF No. 22 1.) On August 31, 2023, Defendants filed a motion to dismiss, which was referred to the 23 undersigned for the preparation of findings and recommendations. (ECF Nos. 6, 7.) The Court 24 held a hearing on the motion to dismiss on October 18, 2023, and took the matter under 25 submission. (ECF No. 17.) 26 On October 27, 2023, the parties filed a joint stipulation dismissing this action without 27 prejudice. (ECF No. 18.) The parties represent that a consular officer issued Plaintiffs’ visa on or about October 27, 2023. (Id. at 2.) In light of the stipulation of the parties, this action has 1 | been terminated, Fed. R. Civ. P. 41(a)(1)(A)Gi); Wilson v. City of San Jose, 111 F.3d 688, 692 2 | (9th Cir. 1997), and has been dismissed without prejudice. Given the dismissal of this action, the 3 | Court shall also deny Defendants’ pending motion to dismiss as moot. 4 Accordingly, IT IS HEREBY ORDERED that Defendants’ motion to dismiss (ECF No. 5 | 6) is DENIED AS MOOT due to the filing of the joint stipulation of voluntary dismissal of the 6 | action. 7 The Clerk of the Court is HEREBY ORDERED to CLOSE the file in this case and adjust 8 | the docket to reflect voluntary dismissal of this action pursuant to Rule 41(a). 9 10 IT IS SO ORDERED. DAM Le 11 | Dated: _October 30, 2023 _ Of UNITED STATES MAGISTRATE JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28