Opinion
2:22-cv-1523-JHC
03-17-2023
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. DANIEL P. PIERCE (pro hac vice), Fragomen Del Rey Bernsen & Loewy, LLP, 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.
DANIEL P. PIERCE (pro hac vice), Fragomen Del Rey Bernsen & Loewy, LLP, 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 April 7, 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.
USCIS has adjudicated all thirteen Plaintiffs' applications. Plaintiffs agree to voluntarily dismiss this case once the final Plaintiff receives their lawful permanent resident card. To give adequate time for the card to arrive, the parties stipulate and jointly request that the Court stay this case until April 7, 2023. On or before April 7, 2023, the parties will submit either a status report or a stipulated motion for dismissal. // //
ORDER
The Parties having so stipulated and agreed, the Court hereby ORDERS that this litigation be stayed until April 7, 2023. The parties shall submit either a joint status report or a stipulated motion for dismissal on or before April 7, 2023.