Zhu v. Department of Homeland Security

1 The Honorable Robert S. Lasnik UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WASHINGTON 9 AT SEATTLE XILONG ZHU, CASE NO. 20-cv-5818-RSL STIPULATION AND ORDER TO Plaintiff, 13 EXTEND DEADLINE FOR v. DEFENDANTS TO FILE A RESPONSIVE PLEADING UNITED STATES DEPARTMENT OF HOMELAND SECURITY, et al., Defendants.

STIPULATION COME NOW, Plaintiff, Xilong Zhu, and Defendants United States Department of Homeland Security, et al., by and through their counsel of record, pursuant to Local Rules 10(g) and 16, and hereby jointly stipulate and move for an extension of the deadline for Defendants to respond to the Complaint by 30 days. Currently, Defendants’ responsive pleading to the Complaint is due on October 19, 2020.

A court may modify a schedule for good cause. Fed. R. Civ. P. 16(b)(4).

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).

1 The parties submit there is good cause for an extension of the deadline. U.S. Citizenship and Immigration Services (“USCIS”) has scheduled an interview for Plaintiff on November 4, 2020 regarding his current N-400 application. This matter may be resolved without further involvement of the Court if USCIS grants Plaintiff’s pending N- application. If the application is denied, Plaintiff will likely file an Amended Complaint. Continuing the existing deadline for a responsive pleading will allow the parties to conserve resources because they will not have to expend resources completing work on the case that may become moot (or the issues may change) once USCIS is able to interview plaintiff and issue a decision.

13 Stipulated to and presented this 16th day of October, 2020.

15 CASCADIA CROSS BORDER LAW GROUP BRIAN T. MORAN United States Attorney s/ Samantha L. Stearns Samantha L. Stearns s/ Sarah K. Morehead 4300 B St., Ste 207 SARAH K. MOREHEAD, WSBA #29680 Anchorage, AK 99503 Assistant United States Attorney 907-242-5800 United States Attorney’s Office Email: [email protected] 700 Stewart Street, Suite 5220 Counsel for Plaintiff Seattle, Washington 98101-1271 21 Phone: 206-553-7970 Fax: 206-553-4067 Email: [email protected] 23 Counsel for Defendants 1 ORDER 2 The parties having stipulated and agreed, it is hereby so ORDERED. The deadline for defendants to file a responsive pleading to the Complaint is extended to November || 18, 2020.

7 DATED this _23rd_day of __ October , 2020.

9 Wt S (arawk 10 Robert.

11 United States District Judge Stipulation and Order 20- CASCADIA CROSS BORDER LAW