Opinion
2:22-cv-1748-TSZ
01-27-2023
SARJO JATTA, Plaintiffs, v. MERRICK GARLAND, et al., Defendants.
NICHOLAS W. BROWN United States Attorney MICHELLE R. LAMBERT, NYS #4666657 Assistant United States Attorney Attorneys for Defendants BEN BAUMGARTNER* STEVE TANIJO, WSBA# 40060 Attorney for Plaintiff
Noted for Consideration on: January 25, 2023
NICHOLAS W. BROWN
United States Attorney
MICHELLE R. LAMBERT, NYS #4666657 Assistant United States Attorney
Attorneys for Defendants
BEN BAUMGARTNER*
STEVE TANIJO, WSBA# 40060
Attorney for Plaintiff
STIPULATED MOTION TO HOLD CASE IN ABEYANCE AND [PROPOSED] ORDER
Thomas S. Zilly 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 a date sixty days after a newly scheduled asylum interview. Plaintiff' brings this case pursuant to the Administrative Procedure Act and Mandamus Act seeking an order compelling the Government to adjudicate Plaintiffs' 1-589, Application for Asylum and Withholding of Removal. The parties are currently working diligently towards a resolution to this litigation.
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.
The U.S. Citizenship and Immigration Services ("USCIS") has scheduled Plaintiffs asylum interview for February 27, 2023. Additional time will be necessary to continue processing and adjudicate Plaintiffs 1-589 after the interview. Once the application is adjudicated, this case will be moot. Therefore, the parties believe good cause exists to stay these proceedings to save the parties and the Court from spending unnecessary time and judicial resources on this matter.
Accordingly, the parties jointly stipulate and request that the Court stay these proceeding e until April 28, 2023, sixty days after Plaintiffs scheduled asylum interview. The parties will submit a joint status report on or before April 28, 2023. The parties also request that this Court vacate its minute order directing the parties to file a Joint Status Report by February 13, 2023. Dkt. No. 5.
ORDER
The parties having stipulated and agreed, it is hereby so ORDERED that this case is held in abeyance until April 28, 2023. The Court's order (Dkt. No. 5) directing the parties to submit a Joint Status Report by February 13, 2023 is vacated. The parties shall file a joint status report on or before June 30th, 2023.