Olmos Gomez v. Cuccinelli

1 Hon. Marsha J. Pechman

UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WASHINGTON AT SEATTLE JOSE LUIS OLMOS GOMEZ, Case No. 2:20cv1304-MJP Plaintiff, Stipulated Motion to Extend Deadlines v. Note on Motion Calendar: January 4, 2021.

11 KENNETH T. CUCCINELLI, et al.

12 Defendants.

14 The parties, pursuant to Local Rules 10(g) and 16, hereby jointly stipulate and move for a 120- day extension of Defendants’ deadline to file an Answer to the Complaint. The Answer is currently due January 8, 2021; the new deadline would be May 7, 2021.

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, (9th Cir. 1986). The parties submit there is good cause for an extension of this deadline.

19 Defendants have recently conducted Plaintiff’s I-485 interview and have issued an initial decision on the adjudication of the I-485 Application for lawful permanent resident status. Under regulation, Plaintiff now has 90 days to respond to that adjudication decision. Adjudication of Plaintiff’s I-485 Application would fully resolve this mandamus action without the time and expense of further STIPULATED MOTION TO EXTEND DEADLINES UNITED STATES ATTORNEY STEWART STREET, SUITE 5220 litigation.

2 Accordingly, the parties seek a 120-day extension of the deadline for Defendants to file the Answer.

IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.

DATED: January 4, 2021 s/ Alexandra Lozano ALEXANDRA LOZANO, WSBA #40478 Alexandra Lozano Immigration Law 16400 Southcenter Pkwy., Suite 410 Tukwila, WA 98188 Phone: 206-406-3068 Fax: 206-494-7775 Email: [email protected] Attorney for Plaintiff

11 DATED: January 4, 2021 s/ Matt Waldrop MATT WALDROP, Georgia Bar #349571 12 Assistant United States Attorney United States Attorney’s Office 13 700 Stewart Street, Suite 5220 Seattle, Washington 98101-1271 14 Phone: 206-553-7970 Fax: 206-553-4067 15 Email: [email protected] 16 Attorney for Defendants

STIPULATED MOTION TO EXTEND DEADLINES UNITED STATES ATTORNEY STEWART STREET, SUITE 5220

2 ORDER 3 IT IS SO ORDERED.

Dated this 4th day of January, 2021.

A Honorable Marsha J. Pechman 9 United States District Judge STIPULATED MOTION TO EXTEND DEADLINES UNITED STATES ATTORNEY STEWART STREET, SUITE 5220