Opinion
2:24-cv-1227-BJR
12-03-2024
AFSHAN KHOSRAVI, et al., Plaintiffs, v. ANTONY J. BLINKEN, et al., Defendants.
TESSA M. GORMAN United States Attorney MICHELLE R. LAMBERT Assistant United States Attorney United States Attorney's Office Attorneys for Defendants I certify that this memorandum contains 299 words, in compliance with the Local Civil Rules. BART KLEIN Law Offices of Bart Klein Attorney for Plaintiffs
TESSA M. GORMAN United States Attorney MICHELLE R. LAMBERT Assistant United States Attorney United States Attorney's Office Attorneys for Defendants I certify that this memorandum contains 299 words, in compliance with the Local Civil Rules.
BART KLEIN Law Offices of Bart Klein Attorney for Plaintiffs
ORDER GRANTING AMENDED STIPULATED MOTION AND BRIEFING SCHEDULE AND STRIKING STIPULATED MOTION [DKT. NO. 4] AS MOOT
Barbara Jacobs Rothstein U.S. District Court Judge
The parties, through counsel of record, present this Court with an amended proposed schedule for briefing Defendants' motion to dismiss and Plaintiffs' motion for summary judgment. Plaintiffs bring this litigation pursuant to the Administrative Procedure Act and the Mandamus Act seeking to compel Defendants to complete processing of Plaintiff Khosravi's immigrant visa application that a consular officer refused on November 3, 2023, pursuant to 8 U.S.C. § 1201(g). The parties disagree as to whether Defendants have a further mandatory duty concerning the visa application and, if so, whether that alleged duty has been unreasonably delayed.
Plaintiffs filed the amended complaint on November 5, 2024.
The parties propose the following amended briefing schedule:
| Filing | Deadline |
| Amended Complaint | November 5, 2024 |
| Defendants' Motion to Dismiss | December 9, 2024 |
| Plaintiffs' Motion for Summary Judgment | December 9, 2024 |
| Defendants' Response to Plaintiffs' Motion for Summary Judgment | December 30, 2024 |
| Plaintiffs' Response to Defendants' Motion to Dismiss | December 30, 2024 |
| Defendants' Reply in Support of the Motion to Dismiss | January 13, 2025 |
| Plaintiffs' Reply in Support of the Motion for Summary Judgment | January 13, 2025 |
The parties request permission, pursuant to LCR 7(f), to file overlength briefs of up to 11,200 words with regard to the Motion to Dismiss or the Motion for Summary Judgement filing. Also, the parties wish to be granted permission to reserve the right to amend the schedule, according to LCR 7(j), prior to December 9, 2024. The parties request that the Court enter the above-proposed briefing schedule, permission for overlength briefs, and the right to amend the schedule.
ORDER
The parties having stipulated and agreed, it is hereby so ORDERED. Plaintiffs filed the amended complaint on November 5, 2024. The parties shall submit their cross-motions pursuant to the following schedule:
| Filing | Deadline |
| Amended Complaint | November 5, 2024 |
| Defendants' Motion to Dismiss | December 9, 2024 |
| Plaintiffs' Motion for Summary Judgment | December 9, 2024 |
| Defendants' Response to Plaintiffs' Motion for Summary Judgment | December 30, 2024 |
| Plaintiffs' Response to Defendants' Motion to Dismiss | December 30, 2024 |
| Defendants' Reply in Support of the Motion to Dismiss | January 13, 2025 |
| Plaintiffs' Reply in Support of the Motion for Summary Judgment | January 13, 2025 |
The parties are granted permission, pursuant to LCR 7(f), to file overlength briefs of up to 11,200 words with regard to the Motion to Dismiss or the Motion for Summary Judgement filing. Also, the parties are granted permission to reserve the right to amend the schedule, according to LCR 7(j), prior to December 9, 2024. Finally, the Court STRIKES the Stipulated Motion at Dkt. No. 4 as MOOT.