Opinion
1:20-cv-01556-NONE-EPG
07-21-2021
A.M.Q.A., et al., Plaintiffs, v. MONICA B. LUGO, et al., Defendants.
ORDER GRANTING JOINT STIPULATION RE: EXTENSION OF TIME AND STAYING CASE (ECF NO. 23)
Before the Court is the parties' Stipulation Re: Extension of Time. (ECF No. 23.) According to the stipulation, the parties have agreed that Plaintiffs will submit a further response to the Notices of Intent to Deny (“NOIDs”) for Plaintiffs' Form N-600K applications on or before September 21, 2021. (Id.) Defendant United States Citizenship and Immigration Services (“USCIS”) will then issue a final decision on Plaintiffs' N-600K applications within sixty days of receipt of the further response. (Id.) Once USCIS issues final decisions on Plaintiffs' N-600K applications, Defendants' motion to dismiss currently pending before District Judge Dale A. Drozd will be moot. (Id.) The parties will meet and confer following the issues of the final decisions and propose a schedule on any remaining matters. (Id.) The parties request that the Court vacate the scheduling conference currently scheduled for August 2, 2021, and to vacate the briefing schedule on Defendants' motion to dismiss. (Id.)
The Court construes the parties' stipulation as a joint request to stay the case pending USCIS' issuance of a final decision on Plaintiffs' N-600K applications. The Court finds good cause for a stay and will grant the request. If the parties later determine that a ruling on Defendants' motion to dismiss is necessary, Defendants will need to re-notice the motion consistent with District Judge Dale A. Drozd's procedures and the Standing Order Re Judicial Emergency (ECF No. 3-2).
Accordingly, IT IS HEREBY ORDERED that:
1. This case is STAYED pending further order of the Court;
2. Any and all deadlines and hearings currently pending before the Court, including the Initial Scheduling Conference and the briefing deadlines for Defendants' motion to dismiss, are VACATED;
3. The Clerk of Court is directed to administratively terminate Defendants' motion to dismiss (ECF No. 20); and
4. The parties shall meet and confer and file a joint status report on or before December 6, 2021, or fourteen days after USCIS issues final decisions on Plaintiffs' N-600K applications, whichever is earlier. The parties' joint status report shall address whether the case is ready for scheduling and the parties' availability to conduct a scheduling conference, as well as any other matters that the parties would like to bring to the Court's attention.
IT IS SO ORDERED.