Order Granting Joint Motion to Dismiss with Prejudice All Claims Against Defendants — Blue Pacific Engineering & Construction, Inc. v. United States Small Business Administration (Dkt. 15, S.D. Cal.)

Summary

Judge Ruth Bermudez Montenegro of the Southern District of California granted a Joint Motion to Dismiss with Prejudice All Claims Against Defendants on May 30, 2025, in Case No. 3:24-cv-01594-RBM-JLB. The plaintiff is Shahram Elihu, an individual doing business as Blue Pacific Engineering & Construction, Inc. The defendants are the United States Small Business Administration, its Administrator Isabella Casillas Guzman and Janet Yellen as United States Secretary of Treasury, each in an official capacity, and the United States of America. The parties filed the joint motion on May 27, 2025 (Doc. 13), asking to dismiss all pending claims under a Settlement Agreement attached as Exhibit A. The order dismisses the plaintiff's claims with prejudice, and the parties bear their own costs, expenses and attorneys' fees.

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Case 3:24-cv-01594-RBM-JLB      Document 15          Filed 05/30/25   PageID.123   Page 1
                                            of 2


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 8                          UNITED STATES DISTRICT COURT
 9                         SOUTHERN DISTRICT OF CALIFORNIA
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11    SHAHRAM ELIHU, an individual doing                  Case No.: 3:24-cv-01594-RBM-JLB
      business as Blue Pacific Engineering &
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      Construction, Inc.,                                 ORDER GRANTING JOINT
13                                       Plaintiff,       MOTION TO DISMISS WITH
                                                          PREJUDICE ALL CLAIMS
14    v.                                                  AGAINST DEFENDANTS
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      UNITED STATES SMALL BUSINESS
                                                          [Doc. 13]
16    ADMINISTRATION, et al.,
17                                   Defendants.
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19         On May 27, 2025, Plaintiff Shahram Elihu (“Plaintiff”) and Defendants United
20   States Small Business Administration; Isabella Casillas Guzman, in her official capacity as
21   Administrator of the Small Business Administration; Janet Yellen, in her official capacity
22   as United States Secretary of Treasury; and the United States of America (“Defendants”)
23   (collectively, the “Parties”) filed a Joint Motion to Dismiss with Prejudice All Claims
24   Against Defendants (“Joint Motion”). (Doc. 13.)
25         In their Joint Motion, the Parties move to dismiss “with prejudice all pending claims
26   asserted in this action by Plaintiff against Defendants pursuant to the Settlement
27   Agreement” attached to the Joint Motion as Exhibit A. (Id. at 2, 6–11.) The Parties also
28   note that each party will “bear its own costs, expenses, and attorneys’ fees.” (Id. at 2.)
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                                                                           3:24-cv-01594-RBM-JLB

     Case 3:24-cv-01594-RBM-JLB       Document 15       Filed 05/30/25   PageID.124   Page 2
                                             of 2


 1         Accordingly, the Parties’ Joint Motion is GRANTED. Plaintiff’s claims against
 2   Defendants are DISMISSED with prejudice. The Parties shall bear their own costs,
 3   expenses, and attorneys’ fees.
 4         IT IS SO ORDERED.
 5   DATE: May 30, 2025
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                                                HON. RUTH BERMUDEZ MONTENEGRO
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                                                UNITED STATES DISTRICT JUDGE
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                                                                         3:24-cv-01594-RBM-JLB

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