Opinion
2:22-cv-1523-JHC
02-15-2023
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
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
STIPULATED MOTION TO HOLD CASE IN ABEYANCE AND ORDER
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 stay the proceedings until March 20, 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 stay the litigation until March 20, 2023.
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 parties continue to work towards resolution of this litigation. USCIS has adjudicated twelve of the thirteen Plaintiffs' applications and issued a Request for Evidence (“RFE”) for the remaining application. Shortly after USCIS receives this Plaintiff's response to the RFE, the agency intends to adjudicate the remaining application. Plaintiffs have agreed to voluntarily dismiss this case once their applications have been adjudicated, and, if approved, they have received their lawful permanent resident cards. To give Plaintiff time to submit the RFE response, as well as allow USCIS additional time to complete the adjudication, the parties stipulate and jointly request that the Court stay this case until March 20, 2023.
ORDER
The Parties having so stipulated and agreed, the Court hereby ORDERS that this litigation be stayed until March 20, 2023. The parties shall submit a joint status report on or before March 20, 2023.