Opinion
2:24-cv-843-RSM
08-13-2024
DENYS BABASIUK, Plaintiff, v. UR MENDOZA JADDOU, et al., Defendants.
TESSA M. GORMAN United States Attorney MICHELLE R. LAMBERT, NYS #4666657 Assistant United States Attorney United States Attorney's Office Attorney for Defendants DENYS BABASIUK Pro Se Plaintiff
Noted for Consideration: August 9, 2024
TESSA M. GORMAN
United States Attorney
MICHELLE R. LAMBERT, NYS #4666657
Assistant United States Attorney
United States Attorney's Office
Attorney for Defendants
DENYS BABASIUK
Pro Se Plaintiff
STIPULATED MOTION TO EXTEND DEADLINE AND ORDER
RICARDO S. MARTINEZ, UNITED STATES DISTRICT JUDGE
Plaintiff and Defendants, pursuant to Federal Rule of Civil Procedure 6 and Local Rules 7(d)(1) and 10(g), hereby jointly stipulate and move to extend Defendants' deadline to respond to the complaint to October 18, 2024. Plaintiff brought this litigation pursuant to the Mandamus Act and the Administrative Procedure Act seeking, inter alia, to compel the U.S. Citizenship and Immigration Services (“USCIS”) to adjudicate his Form I-589, Application for Asylum and for Withholding of Removal. Defendants' current deadline to respond to the complaint is August 19, 2024. There have been no prior extension requests for this deadline.
A court may modify a deadline for good cause. Fed.R.Civ.P. 6(b). Continuing pretrial and trial dates is within the discretion of the trial judge. See King v. State of California, 784 F.2d 910, 912 (9th Cir. 1986).
The parties submit there is good cause for an extension of the deadline. Prior to the adjudication of Plaintiff's Form I-589, he must attend an asylum interview. U.S. Citizenship and Immigration Services' (“USCIS”) Asylum Office is waiting for the file for Plaintiff's dependent to arrive before it can schedule Plaintiff's asylum interview. USCIS anticipates that 60 days will provide enough time for the Asylum Office to receive the file and schedule the interview. Once the interview is scheduled, the parties will be able to discuss how to move forward with this litigation.
Accordingly, the parties jointly stipulate and request that the Court extend Defendants' time to respond to the complaint to October 18, 2024.
I certify that this memorandum contains 250 words, in compliance with the Local Civil Rules.
ORDER
Defendants' deadline to respond to the complaint is extended to October 18, 2024. It is SO ORDERED.