Opinion
2:23-cv-119-TSZ
03-28-2023
JANE MUTHONI NDUNGU, et al., Plaintiffs, v. UNITED STATES DEPARTMENT OF STATE, et al., Defendants.
NICHOLAS W. BROWN United States Attorney MICHELLE R. LAMBERT, NYS #4666657 Assistant United States Attorney United States Attorney's Attorneys for Defendants s/Katherine H. Rich KATHERINE H. RICH WSBA#46881 Rich Immigration, PC Attorney for Plaintiffs
Noted for Consideration: March 28, 2023
NICHOLAS W. BROWN
United States Attorney
MICHELLE R. LAMBERT, NYS #4666657
Assistant United States Attorney
United States Attorney's
Attorneys for Defendants
s/Katherine H. Rich
KATHERINE H. RICH WSBA#46881
Rich Immigration, PC
Attorney for Plaintiffs
STIPULATED MOTION TO HOLD CASE IN ABEYANCE AND [PROPOSED ORDER
THOMAS S. ZILLY UNITED STATES DISTRICT JUDGE
Plaintiffs brought this litigation pursuant to the Administrative Procedure Act seeking, inter alia, to compel the State Department to adjudicate E.W.M.'s immigrant visa application. The parties are currently working diligently towards a resolution to this litigation. For good cause, the parties request that the Court hold the case in abeyance until May 1, 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.
With additional time, this case may be resolved without the need of further judicial intervention. A consular officer interviewed E.W.M. on March 20, 2023. The consular officer refused the visa application under § 221(g) of the Immigration and Nationality Act because E.W.M. required a current medical exam report. Plaintiffs report that the medical exam is scheduled for April 13, 2023. Once E.W.M. submits the required information, the consular officer can readjudicate the immigrant visa application. The parties agree that this case will be moot once the readjudication is conducted. To provide the time necessary to complete these steps, the parties request that this Court to hold the case in abeyance.
The parties request that the Court hold the case in abeyance until May 1, 2023. The parties will submit a joint status report on or before May 1, 2023.
[PROPOSED] ORDER
The case is held in abeyance until May 1, 2023. The parties shall submit a joint status report on or before May 1, 2023. It is so ORDERED.