Opinion
2:23-cv-1115-BJR
09-05-2023
MULATWA FEYESA, Plaintiff, v. ALEJANDRO MAYORKAS, et al., Defendants.
TESSA M. GORMAN Acting United States Attorney MICHELLE R. LAMBERT, NYS #4666657 Assistant United States Attorney United States Attorney's Office Attorneys for Defendants JANE MARIE O'SULLIVAN WSBA#34486 O'Sullivan Law Office Attorney for Plaintiff
TESSA M. GORMAN Acting United States Attorney
MICHELLE R. LAMBERT, NYS #4666657 Assistant United States Attorney United States Attorney's Office Attorneys for Defendants
JANE MARIE O'SULLIVAN WSBA#34486 O'Sullivan Law Office Attorney for Plaintiff
STIPULATED MOTION TO HOLD CASE IN ABEYANCE AND ORDER
Barbara Jacobs Rothstein U.S. District Court Judge
Plaintiff and Defendants, by and through their counsel of record, pursuant to Federal Rule of Civil Procedure 6 and Local Rules 7(d)(1), 10(g) and 16, hereby jointly stipulate and move to stay these proceedings for 60 days. Plaintiff brought this litigation pursuant to the Administrative Procedure Act and Mandamus Act seeking, inter alia, to compel U.S. Citizenship and Immigration Services (“USCIS”) to schedule an interview and adjudicate her asylum application. For good cause, the parties request that the Court hold the case in abeyance until November 28, 2023.
Courts have “broad discretion” to stay proceedings. Clinton v. Jones, 520 U.S. 681, 706 (1997). “[T]he power to stay proceedings is incidental to the power inherent in every court to control the disposition of the causes on its docket with economy of time and effort for itself, for counsel, and for litigants.” Landis v. N. Am. Co., 299 U.S. 248, 254 (1936); see also Fed.R.Civ.P. 1.
With additional time, this case may be resolved without the need of further judicial intervention USCIS has scheduled Plaintiff's asylum interview for September 20, 2023. USCIS will continue processing the application after the interview. Once adjudicated, the parties will dismiss this case with each party to bear their own litigation costs and attorneys' fees. Accordingly, the parties request this Court to hold the case in abeyance until November 28, 2023. The parties will submit a joint status report on or before November 28, 2023
ORDER
The case is held in abeyance until November 28, 2023. The parties shall submit a joint status report on or before November 28, 2023. It is so ORDERED.