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1 JAMES McMANIS (40958) MARWA ELZANKALY (206658) 2 ELIZABETH PIPKIN (243611) CHRISTINE PEEK (234573) 3 McMANIS FAULKNER A Professional Corporation 4 50 W. San Fernando, 10th Floor San Jose, CA 95113 5 Telephone: (408) 279-8700 Facsimile: (408) 279-3244 6 [email protected] [email protected] 7

8 Attorneys for Plaintiff, Rahinah Ibrahim

9 UNITED STATES DISTRICT COURT 10 NORTHERN DISTRICT OF CALIFORNIA 11 SAN FRANCISCO DIVISION 12

13 RAHINAH IBRAHIM, an individual, CASE NO. C06-0545 WHA

14 Plaintiff, STIPULATION FOR ENTRY OF JUDGMENT; 15 v. [PROPOSED] JUDGMENT

16 DEPARTMENT OF HOMELAND SECURITY, et al. 17 Date Action Filed: January 27, 2006 Defendants. Trial Date: None 18

19 20 21 22

23 24 25 26 27

28

Stipulation For Entry of Judgment; [Proposed] Judgment Case No. C 06-0545 WHA

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1 WHEREAS, on January 27, 2006, plaintiff, Rahinah Ibrahim (“plaintiff”), filed her

2 Complaint in the above-entitled action. 3 WHEREAS, on April 2, 2009, plaintiff filed her Second Amended Complaint in the 4 above-entitled action. 5 WHEREAS, plaintiff’s Second Amended Complaint named the following defendants: a) 6 the City and County of San Francisco (which includes the San Francisco Airport and the San 7 Francisco Police Department), Richard Pate, James Cunningham, and Elizabeth Maron 8 (collectively “the San Francisco Defendants”); b) John Bondanella (“Bondanella”) and US

9 Investigations Services, Inc. (now known as Altegrity, Inc.) (“USIS”), based on its alleged

10 employment of Bondanella; and c) the Department of Homeland Security, , 11 Michael Chertoff, , Eric H. Holder, the Terrorist Screening Center, Leonard C. Boyle, 12 Donna A. Bucella, the Federal Bureau of Investigation, Robert Mueller, Arthur M. Cummings, 13 II, the National Counterterrorism Center, Michael E. Leiter, the Department of State, and Hillary 14 Clinton (collectively “the Federal Defendants”) 15 WHEREAS, on June 1, 2009, the Federal Defendants filed a motion to dismiss plaintiff’s

16 Second Amended Complaint. 17 WHEREAS, on July 27, 2009, the Court issued an Order dismissing plaintiff’s claims 18 against the Federal Defendants. At that time, the Court did not enter partial judgment on 19 plaintiff’s claims against the Federal Defendants. 20 WHEREAS, plaintiff’s remaining causes of action against the San Francisco defendants 21 are her Third Cause of Action for violation of her Fourth Amendment rights under the United 22 States Constitution and under 42 U.S.C. § 1983, her Ninth Cause of Action for interference with

23 exercise of civil rights under California Civil Code section 52.1, her Tenth Cause of Action for 24 false imprisonment, her Eleventh Cause of Action for intentional infliction of emotional distress, 25 and her Twelfth Cause of Action for negligent infliction of emotional distress. 26 WHEREAS, plaintiff’s remaining causes of action against Bondanella are her Fourth 27 Cause of Action for violation of her Fourth Amendment rights under the United States 28 Constitution, her Eleventh Cause of Action for Intentional Infliction of Emotional Distress, and

1 Stipulation For Entry of Judgment; [Proposed] Judgment Case No. C 06-0545 WHA

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1 her Twelfth Cause of Action for Negligent Infliction of Emotional Distress.

2 WHEREAS, plaintiff’s remaining causes of action against USIS are her Eleventh Cause 3 of Action for Intentional Infliction of Emotional Distress, and her Twelfth Cause of Action for 4 Negligent Infliction of Emotional Distress. 5 WHEREAS, on March 1, 2010, the San Francisco Defendants, Bondanella and USIS 6 served plaintiff with their Offer To Compromise (attached hereto as Exhibit A) pursuant to Rule 7 68 of the Federal Rules of Civil Procedure, (“Offer to Compromise”), offering to allow entry of 8 judgment as follows:

9 a. Against the City and County of San Francisco (including San Francisco Airport and 10 the San Francisco Police Department) in the amount of One Hundred and Seventy 11 Five Thousand Dollars ($175,000.00.)

12 b. Against USIS in the amount of Fifty Thousand Dollars ($50,000.00.); and 13 c. Said judgments shall be the total amount to be paid for any liability, accrued costs and 14 attorneys’ fees, as against the San Francisco Defendants, Bondanella and USIS. 15 WHEREAS, on March 11, 2010, plaintiff served and filed her Notice of Plaintiff’s

16 Acceptance of Offer to Compromise (“Notice of Acceptance”), attached hereto as Exhibit B. 17 WHEREAS, in her Notice of Acceptance, plaintiff stated that her acceptance applies only 18 as to the defendants who made the Offer to Compromise, namely the San Francisco Defendants, 19 Bondanella and USIS. Plaintiff specifically reserved the right to pursue her claims against the 20 Federal Defendants. 21 NOW THEREFORE, plaintiff, the San Francisco Defendants, Bondanella, and USIS, by

22 and through their respective counsel, hereby stipulate as follows:

23 1. Pursuant to the Court’s Order dated July 27, 2009, granting the Federal 24 Defendants’ motion to dismiss, judgment shall be entered in favor of the Federal Defendants. 25 Plaintiff reserves her right to appeal the Court’s Order dismissing the Federal Defendants and 26 final entry of judgment in their favor. 27 2. Pursuant to the Offer to Compromise, and the Notice of Acceptance, judgment 28 shall be entered in plaintiff’s favor in the total amount of $225,000.00, as follows:

2 Stipulation For Entry of Judgment; [Proposed] Judgment Case No. C 06-0545 WHA

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1 a. against the City and County of San Francisco (which includes the San

2 Francisco Police Department and the San Francisco Airport), in the total amount of One Hundred 3 and Seventy Five Thousand Dollars ($175,000.00); and 4 b. against USIS in the total amount of Fifty Thousand Dollars ($50,000.00). 5 3. Plaintiff shall dismiss, with prejudice, her claims against Bondanella, Richard 6 Pate, James Cunningham, and Elizabeth Maron. 7 4. As among plaintiff, the San Francisco defendants, Bondanella, and USIS, all 8 parties are to bear their own costs and attorneys’ fees.

9 5. Plaintiff does not release or waive any right to recover her costs or attorneys’ fees 10 against the Federal Defendants. 11 Dated: March 15, 2010 McMANIS FAULKNER 12

13 By: /s/ Marwa Elzankaly MARWA ELZANKALY 14 Attorneys for Plaintiff 15 RAHINAH IBRAHIM

16 Dated: March 15, 2010 DENNIS J. HERRERA, City Attorney 17 JOANNE HOEPER, Chief Trial Deputy RONALD P. FLYNN, Deputy City Attorney 18 PETER J. KEITH, Deputy City Attorney

19 By: /s/ Peter Keith 20 PETER J. KEITH, Esq.

21 Attorney for Defendants SAN FRANCISCO AIRPORT, CITY AND 22 COUNTY OF SAN FRANCISCO, SAN FRANCISCO POLICE DEPARTMENT, JAMES 23 F. CUNNINGHAM, ELIZABETH MARON AND RICHARD E. PATE 24 Dated: March 15, 2010 ARNOLD & PORTER LLP 25

26 By: /s/ Sharon Douglass Mayo SHARON DOUGLASS MAYO, Esq. 27 Attorneys for Defendants 28 U.S. INVESTIGATIONS SERVICES, INC. and JOHN BONDANELLA 3 Stipulation For Entry of Judgment; [Proposed] Judgment Case No. C 06-0545 WHA

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1 [PROPOSED] JUDGMENT 2 Pursuant to the Court’s Order of July 27, 2009, and pursuant to the parties’ stipulation, 3 this Court enters judgment as follows: 4 1. Pursuant to the Court’s Order dated July 27, 2009, granting the motion to dismiss 5 of defendants, Department of Homeland Security, Janet Napolitano, Michael Chertoff, Tom 6 Ridge, Eric H. Holder, the Terrorist Screening Center, Leonard C. Boyle, Donna A. Bucella, the 7 Federal Bureau of Investigation, Robert Mueller, Arthur M. Cummings, II, the National 8 Counterterrorism Center, Michael E. Leiter, the Department of State, and

9 (collectively “the Federal Defendants”), judgment is hereby entered in favor of the Federal

10 Defendants. 11 2. Pursuant to the March 1, 2010, Offer to Compromise, and the March 11, 2010, 12 Notice of Acceptance, judgment is hereby entered in favor of plaintiff, Rahinah Ibrahim 13 (“plaintiff”), in the total amount of TWO HUNDRED AND TWENTY FIVE THOUSAND 14 DOLLARS ($225,000.00), as follows: 15 a. against the City and County of San Francisco (which includes the San

16 Francisco Police Department and the San Francisco Airport), in the total amount of ONE 17 HUNDRED AND SEVENTY FIVE THOUSAND DOLLARS ($175,000.00); and 18 b. against US Investigations Services, Inc. (“USIS”), in the total amount of 19 FIFTY THOUSAND DOLLARS ($50,000.00). 20 3. Plaintiff’s claims against defendants, John Bondanella, (“Bondanella”) Richard 21 Pate, James Cunningham, and Elizabeth Maron, are hereby dismissed with prejudice. 22 4. As among plaintiff, the City and County of San Francisco, Richard Pate, James

23 Cunningham, Elizabeth Maron, Bondanella and USIS, all parties are to bear their own costs and 24 attorneys’ fees. DISTR ES ICT 25 AT C T O IT IS SOIT ORDERED,IS SO ORDERED. ADJUDGED, THE C LERKAND DECREED.SHALL CLOSE THE FILE. S U D R 26 E T T I VED

N APPRO

27 U A DATED: ______March 15, 2010. I N N 28 UNITED STATES DISTRICTO JUDGE liam Alsup R R Judge Wil O F T I H L E A 4 R C N F D O Stipulation For Entry of Judgment; [Proposed] Judgment Case No. CI S06T-R0545ICT WHA