Opinion
2:23-cv-1267-TL
10-12-2023
MOISES MARGARITO GODINEZ, Plaintiff, v. UR MENDOZA JADDOU, 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 KATHERINE H. RICH, Attorney for Plaintiff
Noted for Consideration on: October 11, 2023
TESSA M. GORMAN
Acting United States Attorney
MICHELLE R. LAMBERT, NYS #4666657
Assistant United States Attorney
United States Attorney's Office
Attorneys for Defendants
KATHERINE H. RICH,
Attorney for Plaintiff
STIPULATED MOTION TO HOLD CASE IN ABEYANCE AND [PROPOSED] ORDER
TANA LIN, UNITED STATES DISTRICT 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 until December 7, 2023. Plaintiff brings this litigation pursuant to the Mandamus Act seeking, inter alia, to compel the U.S. Citizenship and Immigration Services (“USCIS”) to compel action on his Form I-918, Application for U Nonimmigrant Status, and Form I-765, Application for Employment Authorization. Defendants' response to the Complaint is currently due on October 23, 2023. For good cause, the parties request that the Court hold this case in abeyance until December 7, 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. Although this case had been assigned to an officer for review and adjudication, USCIS had to recently re-assigned Plaintiff's case to a new officer. This officer is in the process of obtaining the Plaintiff's A-file, which is being returned by the formerly assigned officer. Once the newly assigned officer has the A-file, USCIS will evaluate Plaintiff's application for waiting list placement and employment authorization.
Accordingly, the parties respectfully request that the instant action be stayed until December 7, 2023. The parties will submit a joint status report on or before December 7, 2023. The parties further request that this Court vacate its Order Regarding Initial Disclosures and Joint Status Report. Dkt. No. 8.
[PROPOSED] ORDER
The case is held in abeyance until December 7, 2023. The parties shall submit a joint status report on or before December 7, 2023. The Order Regarding Initial Disclosures and Joint Status Report (Dkt. No. 8) is VACATED. IT IS SO ORDERED.