Opinion
2:24-cv-00790-MJP
08-08-2024
ALI AKBAR MEFTAHI, Plaintiff, v. ERIC GAUDIOSI, et al., Defendants.
TESSA M. GORMAN United States Attorney MICHELLE R. LAMBERT, NYS #4666657 Assistant United States Attorney Attorneys for Defendants GOLDSTEIN IMMIGRATION LAWYERS JOSHUA L. GOLDSTEIN, WSBA# 61773 Attorney for Plaintiff
Noted for Consideration: August 7, 2024
TESSA M. GORMAN United States Attorney MICHELLE R. LAMBERT, NYS #4666657 Assistant United States Attorney Attorneys for Defendants
GOLDSTEIN IMMIGRATION LAWYERS JOSHUA L. GOLDSTEIN, WSBA# 61773 Attorney for Plaintiff
STIPULATED MOTION TO HOLD CASE IN ABEYANCE AND [PROPOSED] ORDER
MARSHA J. PECHMAN, UNITED STATES SENIOR 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 through October 11, 2024. Plaintiff brings this litigation pursuant to the Administrative Procedure Act and Mandamus Act seeking, inter alia, to compel Defendants to readjudicate Plaintiff's son's immigrant visa application. Defendants' response to the Complaint is currently due on August 12, 2024. For good cause, the parties request that the Court hold this case in abeyance through October 11, 2024.
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.
With additional time, this case may be resolved without the need of further judicial intervention. Plaintiff's son's visa application is currently refused under INA § 221(g), 8 U.S.C. 1201(g) for administrative processing. Additional time is needed to allow for the discretionary processing to be completed, which may lead to re-adjudication.
Accordingly, the parties respectfully request that the instant action be stayed until October 11, 2024. The parties will submit a joint status report on or before October 11, 2024.
I certify that this memorandum contains 241 words, in compliance with the Local Civil Rules.
[PROPOSED] ORDER
The case is held in abeyance until October 11, 2024. The parties shall submit a joint status report on or before October 11, 2024. It is so ORDERED.