Opinion
5:22-cv-04867-VKD
06-17-2024
HARSHA BOJJA, Plaintiffs, v. UR JADDOU, Director, United States Citizenship and Immigration Services, Defendant.
ISMAIL J. RAMSEY United States Attorney ELIZABETH D. KURLAN Assistant United States Attorney Attorneys for Defendant BERNARD WOLFSDORF Attorneys for Plaintiff
ISMAIL J. RAMSEY United States Attorney
In accordance with Civil Local Rule 5(i)(3), the filer of this document attests that all signatories listed herein concur in the filing of this document.
ELIZABETH D. KURLAN Assistant United States Attorney Attorneys for Defendant
BERNARD WOLFSDORF Attorneys for Plaintiff
JOINT CASE MANAGEMENT STATEMENT AND STIPULATION TO CONTINUE THE STAY OF PROCEEIDNGS; [PROPOSED] ORDER
RE: DKT. NO. 23
VIRGINIA DEMARCHI, UNITED STATES MAGISTRATE JUDGE
Pursuant to the Court's Order, the parties submit this joint case management statement regarding the Ninth Circuit's decision in Babaria v. Blinken, 87 F.4th 963 (9th Cir. 2023). See Dkt. No. 25. On January 15, 2024, the Appellants in Babaria v. Blinken, No. 22-16700 (9th Cir.) filed a timely petition for panel rehearing or rehearing en banc. The Circuit Court denied that motion on March 4, 2024, giving Appellants until June 3, 2024 to file a petition for certiorari with the United States Supreme Court. The Appellants filed their petition for certiorari on May 31, 2024. Babaria v. Blinken, No. 23-1268 (May 31, 2024). The government's response is due on July 5, 2024. Id.
Thus, the parties have conferred and hereby stipulate and respectfully request the Court to grant the following requests:
1. The parties request that the Court stay the proceedings in this case until the latest of the following two possibilities:
(a) the U.S. Supreme Court denies certiorari; or
(b) the U.S. Supreme Court enters an order on the merits.
2. Plaintiffs agree to provide the Court notice within 7 days of the U.S. Supreme Court denying certiorari; or the U.S. Supreme Court entering an order on the merits.
The parties respectfully request that the Court adopt the above-proposed schedule and enter a scheduling order reflecting the same.
[PROPOSED] ORDER
Pursuant to the parties' stipulation, IT IS SO ORDERED. The proceedings in this case remain stayed.