U.S.

Department of Justice
Civil Division, Federal Programs Branch

Via First-Class Mail Via Overnight Delivery

P.O. Box 883 20 Massachusetts Ave., N.W.
Washington, D.C. 20044 Washington, D.C. 20530

Brigham 1. Bowen Tel: (202) 514-6289

Trial A.ttorney Fax: (202) 307-3449

Kenneth L. Allen
10055 E. Gray Hawk Dr.
Tucson, AZ 85730

Per our e-mail discussions, please see the enclosed copies of the settlement agreement in
the above-captioned matter, to which you and Defendants have agreed. Please sign and date both
copies, and return one of them to me in the enclosed pre-paid envelope, via FedEx. Keep the
other copy for your records. (Each of us will have and retain an original copy with two
signatures. )

Once the agreement is executed and I have received my copy, payment of the agreed-to
$350 will be processed. I will file the agreed-to stipulation of dismissal shortly thereafter. Please
also send me the following information, which I will forward to the U.S. Citizenship and
Immigration Service. The information is necessary for USCIS to process payment.

1. Your full name as it appears on the bank account in which the funds will be
deposited;
2. The full name, address (city, State, and zip code), and routing number of the financial
institution you bank; and
. 3. An account number and description of the account (savings v. checking v. money
market, etc.).

Isl
Brigham 1. Bowen
 FILED

. IOU Y C. D VYER, CLERK

U .. COURT OF APPEALS

D.C. o. 4:09-cv-00373-FRZ
U.S. District Court for Arizona,
Tucson
BARRY SOETORO, AKA Barack H.
Obama, AKA Barry Obama; et aI.,

$455.00 to the district court as the docketing and filing fees for this appeal and

provide proof of payment to this court; or (3) otherwise show cause why the appeal
 UNITED STATES DISTRICT COURT
DISTRICT OF ARIZONA

KENNETH ALLEN,
Plaintiff,

DEPARTMENT OF HOMELAND
SECURITY and U,S. DEPARTMENT OF
STATE, et aI.,
Defendants.

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State and Homeland Security, through their undersigned counsel, enter into this Settlement
13
Agreement (the "Agreement").

17
Department of Homeland Security and Us. Department of State, et al., No. 09-CV-00373
18
(D. Ariz.).
2. "Pending Claims" refers to all claims and/or portions of this Action currently
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pending before the U.S. district court of Arizona in this Action as of the date of this
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Agreement, and excludes any and all claims and/or portions of this Action dismissed by the
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district court by order on January 29, 2010 [Dkt. #27].

Defendant Department of Homeland Security, acting by and through the United

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States Citizenship and Immigration Service, will pay to Plaintiff the amount of$350, which
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correlates to the filing fee paid by Plaintiff in this Action. This payment is full and final
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payment for all fees, expenses, and costs to which Plaintiff may claim entitlement with
 1 II respect to the Pending Claims in this Action. This figure is inclusive of any interest.
2 II Defendant shall make payment to Plaintiff within forty-five days of the date of this
3 II Agreement. The Department of State will make no payment to Plaintiff with respect to any
4 II fees, expenses and costs to which Plaintiff may claim entitlement with respect to the Pending

5 Claims in this Action.

6 2. Contingent upon receipt of payment pursuant to Paragraph 1 above, Plaintiff
7 II hereby releases Defendants from any past, present, or future claims for fees, expenses, or
8 II costs with respect to the Pending Claims in this Action.
9 II 3. In consideration of such payment, Plaintiff agrees that he will dismiss via
10 II stipulation, with prejudice, all Pending Claims in the above-captioned lawsuit. This
11 II stipulation will cover only the Pending Claims and will not include claims previously
12 II dismissed by the district court in its order of January 29, 2010. Plaintiff agrees to the filing
13 II of this stipulation within twenty-one days of the date of this Agreement.
14 II 4. In making this payment, no party is making an admission ofliability or fault to
15 II any other party, and this Agreement shall not be construed as an admission of liability or
16 II fault. This Agreement will not be used in any manner to establish liability for fees or

17 II amounts in any other case or proceeding.

18 II 5. Compliance with all applicable federal, state, and local tax requirements shall
19 II be the sole responsibility of Plaintiff.
20 II 6. The terms of this Agreement constitute the entire agreement of the parties as to
21 II fees, costs, and expenses paid or incurred by Plaintiff relevant to this Action, and no prior
22 II statement, representation, agreement, or understanding, oral or written, that is not contained

23 II herein, shall have any force or effect.

24 II 7. The below-signed counsel for Defendants are authorized to enter into this

2511 Agreement on behalf of their respective clients.

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28 II 2
 TONY WEST
Assistant Attorney General

~ ELIZABETH J. SHAPIRO
3 KENNETI7tALLEN
4 Plaintiff pro se D ~
Dated:
1. BOWEN
Tria ttorney
United States Department of Justice
Civil Division, Federal Programs Branch
Tel: (202) 514-6289
Fax: (202) 307-0449
brigham.bowen@usdoj.gov

r
Mailin Address:
Post Ofice Box 883
Washington, D.C. 20044
Courier Address:
20 Massachusetts Ave., N.W.
Washington, D.C. 20001
Attorneys for Defendants
f
Dated: \"2-\ {I 1,.7\\0
 1

7 IN THE UNITED STATES DISTRICT COURT

8 FOR THE DISTRICT OF ARIZONA

--9
No. CV 09-373-TUC-FRZ

j ORDER

12 v. )
13 Department of Homeland Security, et al. ~

Defendants. ~

----_.~
17 Pursuant to the stipulation of the parties, IT IS HEREBY ORDERED that all

18 remaining claims in this case are dismissed with prejudice. Thus, as no claims remain,

19 this case is dismissed with prejudice and the Clerk of the Court shall enter judgment

20 accordingly.

/LRi2~~
( Fra k . ~ata
Senior United States District Judge
 3
4 )
Kenneth AlIenI )
5 )
Plaintiff l ) JUDGMENT IN A CIVIL CASE
6 )
v. ) No. CV 09-373-TUC-FRZ
7 )
Department of Homeland )
8 security Iet al. )
)
9 Defendants. )

10

11 X DECISION BY COURT. This action came under consideration

before the Court. The issues have been considered and a
12 decision has been rendered.

13

14

15
16
RICHARD H. WEARE
17 January 3 , 2011 CLERK
Date
18
sf M. Michelle Mejia
19 M. Michelle Mejia
Deputy Clerk
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