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Hernandez v. U.S. Citizenship & Immigration Servs.

United States District Court, Western District of Washington
Jan 27, 2023
2:22-cv-00904-MJP (W.D. Wash. Jan. 27, 2023)

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.


Summaries of

Hernandez v. U.S. Citizenship & Immigration Servs.

United States District Court, Western District of Washington
Jan 27, 2023
2:22-cv-00904-MJP (W.D. Wash. Jan. 27, 2023)
Case details for

Hernandez v. U.S. Citizenship & Immigration Servs.

Case Details

Full title:Felix RUBIO HERNANDEZ, Plaintiff, v. U.S. CITIZENSHIP AND IMMIGRATION…

Court:United States District Court, Western District of Washington

Date published: Jan 27, 2023

Citations

2:22-cv-00904-MJP (W.D. Wash. Jan. 27, 2023)