Opinion
2:24-cv-00755-JLR
07-31-2024
S.H.T., Plaintiff, v. ALEJANDRO MAYORKAS, et al., Defendants.
TESSA M. GORMAN United States Attorney MICHELLE R. LAMBERT, NYS #4666657 Assistant United States Attorney O'SULLIVAN LAW OFFICE JANE MARIE O'SULLIVAN, WSBA#34486
TESSA M. GORMAN United States Attorney
MICHELLE R. LAMBERT, NYS #4666657 Assistant United States Attorney
O'SULLIVAN LAW OFFICE
JANE MARIE O'SULLIVAN, WSBA#34486
STIPULATED MOTION TO EXTEND DEADLINE AND [PROPOSED] ORDER
JAMES L. ROBART 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 10(g) and 16, hereby jointly stipulate and move to extend Defendants' deadline to respond to the Complaint to September 4, 2024. Plaintiff brings this litigation pursuant to the Administrative Procedure Act and Mandamus Act, inter alia, to compel U.S. Citizenship and Immigration Services (“USCIS”) to adjudicate her asylum application. Defendants' response to the Complaint is currently due on August 5, 2024.
A court may modify a deadline for good cause. Fed.R.Civ.P. 6(b). Continuing pretrial and trial dates is within the discretion of the trial judge. See King v. State of California, 784 F.2d 910, 912 (9th Cir. 1986).
Good cause exists for the extension of Defendants' deadline to respond to the complaint. USCIS's Asylum Office has recently received Plaintiff's files. These files need to be reviewed prior to the agency moving forward with the processing of Plaintiff's application, which will determine the path forward for this litigation. As additional time is necessary for this to occur, the parties request that the Court extend Defendants' deadline to respond to the Complaint to September 4, 2024. The parties have not requested any previous requests to extend this deadline.
I certify that this memorandum contains 210 words, in compliance with the Local Civil Rules.
ORDER
Defendants' time to respond to the Complaint is extended to September 4, 2024. It is so ORDERED.