Opinion
2:23-cv-1931 MJP
04-24-2024
XU LI, and BRIGHT LIFE INTERNATIONAL INC., Plaintiff, v. ALEJANDRO MAYORKAS and UR MENDOZA JADDOU,
TESSA M. GORMAN United States Attorney MICHELLE R. LAMBERT, NYS #4666657 Assistant United States Attorney United States Attorney's Office Attorneys for Defendants DR. DIMA N. MALHAS, WSBA#44370 Chung, Malhas & Mantel, PLLC EDWARD C. CHUNG, WSBA#34292 Chung, Malhas & Mantel, PLLC Attorneys for Plaintiffs
TESSA M. GORMAN United States Attorney
MICHELLE R. LAMBERT, NYS #4666657 Assistant United States Attorney United States Attorney's Office Attorneys for Defendants
DR. DIMA N. MALHAS, WSBA#44370 Chung, Malhas & Mantel, PLLC EDWARD C. CHUNG, WSBA#34292 Chung, Malhas & Mantel, PLLC Attorneys for Plaintiffs
ORDER GRANTING STIPULATED MOTION TO HOLD CASE IN ABEYANCE
Marsha J. Pechman United States Senior District Judge
Plaintiffs 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 continue to stay these proceedings for 120 days. Plaintiffs bring this litigation pursuant to the Administrative Procedure Act to challenge U.S. Citizenship and Immigration Services (“USCIS”) denial of the Form I-140 filed on Plaintiff Xu Li's behalf as erroneous, arbitrary and capricious and contrary to law. For good cause, the parties request that this case be stayed through August 20, 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 litigation may be resolved in its entirety. Plaintiffs intend to file a new Form I-140, Petition for Alien Worker, using premium processing that allows USCIS to process the application within a 45-day processing timeframe.USCIS will consider this new application separately from the Form I-140 at issue in this litigation. Once USCIS issues a decision, Plaintiffs agree to voluntarily dismiss this litigation.
See USCIS.gov, How Do I Request Premium Processing? available at https://www.uscis.gov/forms/all-forms/how-do-i-request-premium-processing (last accessed Apr. 22, 2024)
Additional time is required to allow these steps to be completed. Therefore, the parties believe good cause exists to stay this proceeding for 120 days, to save the parties and the Court from spending unnecessary time and judicial resources on this matter. Accordingly, the parties jointly stipulate and request that the Court stay these proceedings through August 20, 2024. The parties will submit a joint status report on or before August 20, 2024. The parties further request that this Court's Order Regarding Initial Disclosures, Joint Status Report, and Early Settlement be vacated. Dkt. No. 14.
Respectfully submitted,
I certify that this memorandum contains 338 words, in compliance with the Local Civil Rules. s/ Dima N. Malhas
ORDER
The Parties having stipulated and agreed, it is hereby ORDERED that this proceeding is stayed until August 20, 2024, wherein the Parties will file on or before August 20, 2024 a Joint Status Report with this Court in conformity with this Stipulation. The current Order Regarding Initial Disclosures, Joint Status Report, and Early Settlement (Dkt. No. 14) is vacated.
The clerk is ordered to provide copies of this order to all counsel.