Najafi v. Garland

Full title: ALI NAJAFI, Plaintiff, v. MERRICK GARLAND, et al., Defendants.

Court: United States District Court, Western District of Washington

Date published: Dec 5, 2023

2:23-cv-1622-BJR (W.D. Wash. Dec. 5, 2023)

Opinion

2:23-cv-1622-BJR

12-05-2023

ALI NAJAFI, Plaintiff, v. MERRICK GARLAND, et al., Defendants.

TESSA M. GORMAN, MICHELLE R. LAMBERT, Attorneys for Defendants JAY GAIRSON, Gairson Law LLC, JENNIFER NIMER, PHV, Nimer Law LLC Attorneys for Plaintiff

Barbara Jacobs Rothstein, U.S. District Court Judge

TESSA M. GORMAN, MICHELLE R. LAMBERT, Attorneys for Defendants

JAY GAIRSON, Gairson Law LLC, JENNIFER NIMER, PHV, Nimer Law LLC Attorneys for Plaintiff

STIPULATED MOTION TO HOLD CASE IN ABEYANCE AND ORDER

Barbara Jacobs Rothstein, U.S. District Court 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 the proceedings for 60 days. Plaintiff brings this litigation pursuant to the Administrative Procedure Act and Mandamus Act seeking, inter alia, to compel the U.S. Citizenship and Immigration Services (“USCIS”) to adjudicate his Form I-485, Application to Register Permanent Residence or Adjust Status. Defendants' response to the Complaint is currently due on January 2, 2024. For good cause, the parties request that the Court hold this case in abeyance until March 1, 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. USCIS anticipates adjudicating Plaintiff's Form I-485 by March 1, 2024. Once adjudicated, the parties agree that this case will be moot.

Accordingly, the parties request that this case be stayed until March 1, 2024. The parties will submit a joint stipulated motion to dismiss or, if necessary, a joint status report on or before March 1, 2024.

ORDER

It is so ORDERED. This case is stayed until March 1, 2024. The parties shall submit a joint stipulated motion to dismiss or a joint status report on or before March 1, 2024.