Opinion
2:22-cv-00904-MJP
01-27-2023
Felix RUBIO HERNANDEZ, Plaintiff, v. U.S. CITIZENSHIP AND IMMIGRATION SERVICES; Alejandro MAYORKAS, Secretary of Homeland Security; Ur M. JADDOU, Director, U.S. Citizenship and Immigration Services, Defendants.
Matt Adams, WSBA No. 28287 Aaron Korthuis, WSBA No. 53974 Michael Hur, WSBA No. 59084 Mozhdeh Oskouian, WSBA No. 36789 Glenda M. Aldana Madrid, WSBA No. 46987 Attorneys for Plaintiff s/ Nickolas Bohl NICKOLAS BOHL, WSBA No. 48978 Assistant United States Attorney Western District of Washington United States Attorney's Office Attorney for Defendants
Noting Dated: January 25, 2023
Matt Adams, WSBA No. 28287
Aaron Korthuis, WSBA No. 53974
Michael Hur, WSBA No. 59084
Mozhdeh Oskouian, WSBA No. 36789
Glenda M. Aldana Madrid, WSBA No. 46987
Attorneys for Plaintiff s/ Nickolas Bohl
NICKOLAS BOHL, WSBA No. 48978
Assistant United States Attorney
Western District of Washington
United States Attorney's Office
Attorney for Defendants
STIPULATED MOTION AND ORDER TO PRODUCE ADMINISTRATIVE RECORD AND SET BRIEFING DEADLINES
THE HONORABLE MARSHA J. PECHMAN JUDGE
Pursuant to Local Civil Rule 7(d)(1), Plaintiff Felix Rubio Hernandez and Defendants U.S. Citizenship and Immigration Services, Alejandro Mayorkas, and Ur M. Jaddou stipulate and request that the Court enter an order setting deadlines to produce the administrative record and to exchange cross-motions for summary judgment.
The parties agree that the initial disclosure requirements of Rule 26(a)(1) and the requirements of Rule 26(f), which instructs the parties to prepare a discovery plan, do not apply to this case. Plaintiff filed his complaint under the Administrative Procedure Act, and accordingly, Defendants agree to produce to Plaintiff the administrative record on which the agency decision was based. See 5 U.S.C. § 706; see also Nw. Coal. for Alternatives to Pesticides v. U.S. E.P.A., 920 F.Supp.2d 1168, 1172 (W.D. Wash. 2013).Furthermore, because the Court will render any decision on the administrative record, the parties agree that no trial or pre-trial scheduling dates are necessary and that the Court can resolve the matter based on the record. See Nw. Motorcycle Ass'n v. U.S. Dep't of Agric., 18 F.3d 1468, 1472 (9th Cir. 1994).
Plaintiff reserves the right to seek a complete administrative record or move for discovery if he believes the record is incomplete or another exception permitting discovery in an APA case applies. See Lands Council v. Powell, 395 F.3d 1019, 1030 (9th Cir. 2005).
Accordingly, the parties propose the following schedule:
Defendants' deadline for producing the administrative record:
March 3, 2023
Schedule for cross-motions for summary judgment:
Plaintiff's motion for summary judgment: May 12, 2023
Defendants' response and cross-motion for summary judgment: June 9, 2023
Plaintiff's response to Defendants' cross-motion for summary judgment and reply in support of motion for summary judgment: July 7, 2023
Defendants' reply in support of cross-motion for summary judgment: July 21, 2023.
ORDER
Pursuant to the Parties' stipulated motion, the Court hereby ORDERS that the Court's order regarding initial disclosures, joint status report, and early settlement, Dkt. 4, is hereby vacated. The Court orders the following deadlines for production of the administrative record and the exchange of cross-motions for summary judgment:
Defendants' deadline for producing the administrative record:
March 3, 2023
Schedule for cross-motions for summary judgment:
Plaintiff's motion for summary judgment: May 12, 2023
Defendants' response and cross-motion for summary judgment: June 9, 2023
Plaintiff's response to Defendants' cross-motion for summary judgment and reply in support of motion for summary judgment: July 7, 2023
Defendants' reply in support of cross-motion for summary judgment: July 21, 2023.
IT IS SO ORDERED.