STIPULATION AND [PROPOSED] ORDER RE: VOLUNTARY DISMISSAL OF SAN FRANCISCO BAY GUARDIAN

SUSAN ILLSTON, District Judge.

STIPULATION

WHEREAS, Plaintiff San Francisco Bay Guardian no longer publishes a newspaper or otherwise disseminates information to the public;

THEREFORE, the parties through their respective counsel of record jointly request that the Court enter a voluntary dismissal of Plaintiff San Francisco Bay Guardian, with Defendant and Plaintiff San Francisco Bay Guardian bearing their own attorney's fees and costs with respect to this action, and Plaintiff American Civil Liberties Union of Northern California remaining a Plaintiff in this action. The parties do not intend this Stipulation and [Proposed] Order to affect any separate analysis of whether the remaining Plaintiff American Civil Liberties Union of Northern California has "substantially prevailed" within the meaning of 5 U.S.C. §552(a)(4)(E) or is otherwise entitled to costs.

SO STIPULATED

Respectfully submitted.

[PROPOSED] ORDER

PURSUANT TO STIPULATION, Plaintiff San Francisco Bay Guardian is hereby dismissed from this action, with Defendant Federal Bureau of Investigation and Plaintiff San Francisco Bay Guardian bearing their own attorney's fees and costs with respect to this action. This order shall not apply to Plaintiff American Civil Liberties Union of Northern California, which remains a Plaintiff in this action. This order does not affect any analysis of whether the remaining Plaintiff American Civil Liberties Union of Northern California has "substantially prevailed" within the meaning of 5 U.S.C. §552(a)(4)(E) or is otherwise entitled to costs.

IT IS SO ORDERED.