Opinion
2:23-cv-261-RSM
06-15-2023
CHENGBO HE, et al., Plaintiffs, v. U.S. DEPARTMENT OF HOMELAND SECURITY, et al., Defendants.
NICHOLAS W. BROWN United States Attorney MICHELLE R. LAMBERT, NYS #4666657 Assistant United States Attorney United States Attorney's Office Counsel for Defendants DANIEL P. PIERCE (pro hac vice) Fragomen Del Rey Bernsen & Loewy, LLP AL ROUNDTREE, WSBA #54851 Fox Rothschild LLP Attorneys for Plaintiffs
NICHOLAS W. BROWN
United States Attorney
MICHELLE R. LAMBERT, NYS #4666657
Assistant United States Attorney
United States Attorney's Office
Counsel for Defendants
DANIEL P. PIERCE (pro hac vice)
Fragomen Del Rey Bernsen & Loewy, LLP
AL ROUNDTREE, WSBA #54851
Fox Rothschild LLP
Attorneys for Plaintiffs
JOINT STIPULATION AND ORDER TO CONTINUE DEADLINE
RICARDO S. MARTINEZ, UNITED STATES DISTRICT JUDGE.
Plaintiffs and Defendants, pursuant to Federal Rule of Civil Procedure 6 and Local Rules 10(g) and 16, jointly stipulate and move to extend Defendants' time to respond to the Complaint until July 7, 2023. Twelve Plaintiffs bring this litigation pursuant to the Administrative Procedure Act and the Mandamus Act seeking, inter alia, to compel U.S. Citizenship and Immigration Services (“USCIS”) to adjudicate their and their derivatives' Form I-485s, Applications to Register Permanent Residence or Adjust Status. Dkt. No. 1. Defendants' current response deadline is June 20, 2023. Good cause exists to extend Defendants' time to respond to the Complaint until July 7, 2023.
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 are diligently working to resolve this litigation. All Plaintiffs now have approved Form I-485s. USCIS is producing the lawful permanent resident card (“LPR”) for the last Plaintiff. To give the parties time to discuss potential resolution of this case, as well as allow USCIS additional time to continue with its adjudications, the parties stipulate and jointly request that the Court extend Defendants' time to respond to the Complaint until July 7, 2023.
DATED this 15th day of June, 2023.
Respectfully submitted, ORDER
It is SO ORDERED.