Opinion
2:22-cv-1523-JHC
01-13-2023
SANJEEV KUMAR, et al., Plaintiffs, v. UNITED STATES DEPARTMENT OF HOMELAND SECURITY, et al., Defendants.
NICHOLAS W. BROWN United States Attorney MICHELLE R. LAMBERT, NYS #4666657 Assistant United States Attorney United States Attorney's Office Attorney for Defendants AL ROUNDTREE, WSBA 54851 Fox Rothschild LLP Attorneys for Plaintiffs
NOTED FOR CONSIDERATION: January 12, 2023
NICHOLAS W. BROWN
United States Attorney
MICHELLE R. LAMBERT, NYS #4666657
Assistant United States Attorney
United States Attorney's Office
Attorney for Defendants
AL ROUNDTREE, WSBA 54851
Fox Rothschild LLP
Attorneys for Plaintiffs
JOINT STIPULATION AND ORDER TO EXTEND DEADLINE
JOHN H. CHUN, UNITED STATES DISTRICT JUDGE
The parties, by and through their counsel of record, pursuant to Federal Rule of Civil Procedure 6 and Local Rules 10(g) and 16, hereby jointly stipulate and move to extend Defendants' time to respond to the Complaint until February 16, 2023. Plaintiffs are foreign nationals who bring this litigation pursuant to the Administrative Procedure Act and the Mandamus Act seeking, inter alia, to compel U.S. Citizenship and Immigration Services (“USCIS”) to adjudicate their I-485 applications, as well as any derivative applications. Dkt. No. 1. Defendants have yet to answer the Complaint. Good cause exists to extend Defendants' time to respond to the Complaint until February 16, 2023.
A court may modify a deadline for good cause. Fed.R.Civ.P. 6(b). Continuing pretrial and trial dates is within the discretion of the trial judge. See King v. State of California, 784 F.2d 910, 912 (9th Cir. 1986).
The parties are diligently working to resolve this litigation. USCIS has adjudicated eleven of the thirteen Plaintiffs' applications and issued Requests for Evidence (“RFEs”) for the remaining two applications. Shortly after USCIS receives the responses to the RFEs, the agency intends to adjudicate the two remaining applications. To give the parties time to discuss potential resolution of this case, as well as allow USCIS additional time to complete the adjudications, the parties stipulate and jointly request that the Court extend Defendants' time to respond to the Complaint until February 16, 2023. As this case may be resolved without further litigation, the parties further request that this Court vacate its Order Regarding Initial Disclosures, Joint Status Report, and Early Settlement at this time. Dkt. No. 8.
ORDER
The Parties having so stipulated and agreed, the Court hereby ORDERS that Defendants' time to respond to the Complaint be extended until February 16, 2023. Additionally, the deadlines set in the Order Regarding Initial Disclosures, Joint Status Report, and Early Settlement (Dkt. No. 8) are vacated.