Opinion
2:24-cv-00713-BJR
07-25-2024
TESSA M. GORMAN United States Attorney MICHELLE R. LAMBERT, NYS #4666657 Assistant United States Attorney United States Attorney's Office Attorneys for Defendants RED EAGLE LAW, L.C. CURTIS LEE MORRISON*, CA #321106 GIBBS HOUSTON PAUW ADAM BOYD, WSBA# 49849 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
RED EAGLE LAW, L.C.
CURTIS LEE MORRISON*, CA #321106
GIBBS HOUSTON PAUW
ADAM BOYD, WSBA# 49849
Attorneys for Plaintiffs
STIPULATED MOTION TO HOLD CASE IN ABEYANCE AND ORDER
BARBARA JACOBS ROTHSTEIN, U.S. DISTRICT COURT 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 stay these proceedings until September 27, 2024. Plaintiffs brought this litigation pursuant to the Administrative Procedure Act seeking, inter alia, to compel Defendants to complete administrative processing and issue a decision for Plaintiff Inanloo immigrant visa application. Defendants' response to the Complaint is currently due on July 29, 2024. The parties are currently working towards a resolution to this litigation. For good cause, the parties request that the Court hold the case in abeyance until September 27, 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. A consular officer at the U.S. Embassy in Yerevan refused Plaintiff immigrant visa application pursuant to 8 U.S.C. § 1201(g) on January 23, 2023. This case is actively undergoing administrative processing, including security screening, which may result in a consular officer readjudicating Plaintiff Inanloo's immigrant visa application.
As additional time is necessary for this to occur, the parties request that the Court hold the case in abeyance until September 27, 2024. The parties will submit a joint status report on or before September 27, 2024.
I certify that this memorandum contains 279 words, in compliance with the Local Civil Rules.
ORDER
The case is held in abeyance until September 27, 2024. The parties shall submit a status update on or before September 27, 2024. It is so ORDERED.