Opinion
2:23-cv-1138-JLR
10-03-2023
MARWA IRFAN ABDULWAHAB, et al., Plaintiffs, v. ANTONY J. BLINKEN, Defendant.
TESSA M. GORMAN United States Attorney MICHELLE R. LAMBERT, NYS #4666657 Assistant United States Attorney United States Attorney's Office Attorneys for Defendants ADAM W. BOYD, WSBA #49849 Gibbs Houston Pauw KRISTINA DAVID, Cal. Bar #346347 David Strashnoy Law, PC Attorneys for Plaintiffs
Noted for Consideration on: October 3, 2023
TESSA M. GORMAN
United States Attorney
MICHELLE R. LAMBERT, NYS #4666657
Assistant United States Attorney
United States Attorney's Office
Attorneys for Defendants
ADAM W. BOYD, WSBA #49849
Gibbs Houston Pauw
KRISTINA DAVID, Cal. Bar #346347
David Strashnoy Law, PC
Attorneys for Plaintiffs
STIPULATED MOTION TO HOLD CASE IN ABEYANCE AND [PROPOSED] ORDER
JAMES L. ROBART, UNITED STATES DISTRICT JUDGE
Plaintiffs and Defendant, 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 until November 16, 2023. Plaintiffs bring this case pursuant to the Administrative Procedure Act seeking an order compelling the U.S. State Department to readjudicate Plaintiff Qalawz's nonimmigrant visa application. The deadline for Defendant's response to the Complaint is currently set for October 17, 2023. However, there is good cause to hold this case in abeyance.
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. Plaintiffs report that on October 3, 2023, the U.S. Embassy in Ankara, Turkey, has requested Plaintiff Qalawz to send in his valid passport, an updated medical report, one new visa photo, and any other documents previously requested so that the consular officer can re-adjudicate his nonimmigrant visa application. Plaintiffs intend to dismiss this case once a visa application is re-adjudicated.
To allow for the prior visa refusal to be reconsidered which may result in issuance, the parties request this Court to hold the case in abeyance until November 16, 2023. The parties will submit a joint status report on or before November 16, 2023. The parties further respectfully request that the Court's Order Regarding Initial Disclosures and Joint Status Report (Dkt. No. 9) be vacated. Dated: October 3, 2023
[PROPOSED] ORDER
The case is held in abeyance until November 16, 2023. The parties shall submit a joint status report on or before November 16, 2023. The Order Regarding Initial Disclosures and Joint Status Report (Dkt. No. 9) is vacated. It is so ORDERED.