Opinion
2:23-cv-1345-RSL
10-25-2023
TESSA M. GORMAN, MICHELLE R. LAMBERT, Attorneys for Defendants KATHERINE H. RICH, Attorney for Plaintiff
TESSA M. GORMAN, MICHELLE R. LAMBERT, Attorneys for Defendants
KATHERINE H. RICH, Attorney for Plaintiff
STIPULATED MOTION TO HOLD CASE IN ABEYANCE AND ORDER
ROBERT S. LASNIK, United States 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 for 90 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 compel action on her and her derivative spouse's Form I-918s, Applications for U Nonimmigrant Status, and Form I-765s, Applications for Employment Authorization. For good cause, the parties request that the Court hold this case in abeyance until January 29, 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. On October 23, 2023, USCIS issued a Request for Evidence (“RFE”) to Plaintiff. She has until January 18, 2024 to respond to the RFE. Once USCIS receives this response, the agency can continue processing the applications. Accordingly, the parties respectfully request that the instant action be stayed until January 29, 2024. The parties will submit a joint status report on or before January 29, 2024. The parties further request that this Court vacate its Order Regarding Initial Disclosures, Joint Status Report, and Early Settlement. Dkt. No. 6.
ORDER
The case is held in abeyance until January 29, 2024. The parties shall submit a joint status report on or before January 29, 2024. The Order Regarding Initial Disclosures, Joint Status Report, and Early Settlement is vacated and stricken. Dkt. No. 6. It is so ORDERED.