Encalada v. Blinken

1 The Honorable Barbara J. Rothstein

9 UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WASHINGTON 10 AT SEATTLE CAROLINA ENCALADA, et al., CASE NO. 2:21-cv-1644-BJR JOINT STIPULATION AND 14 Plaintiffs, ORDER HOLDING CASE IN 15 v. ABEYANCE ANTHONY BLINKEN, et al., 17 Defendants.

19 The Parties, by and through counsel of record, pursuant to Federal Rule of Civil Procedure 6 and Local Rules 10(g) and 16, jointly stipulate and move for a 90-day stay of this case to allow for a possible resolution without further litigation. Plaintiffs bring this case pursuant to the Administrative Procedure Act seeking an order setting aside the revocation of Plaintiff Luis Calle’s and Sanbeom Park’s immigrant visa petitions. There is good cause for the stay.

27 Courts have “broad discretion” to stay proceedings. Clinton v. Jones, 520 U.S. 681, (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).

Defendants need additional time to investigate and implement a possible resolution here. Defendants have diligently worked on this matter since the recent service of the Complaint. The United States Attorney’s Office was served with the Complaint on April 5, 2022. Defendants have until June 6, 2022 to respond to the Complaint. The Parties believe that a 90-day stay will allow Defendants to continue to work towards resolution.

10 The Parties agree that if Plaintiffs’ claims are mooted, Plaintiffs shall dismiss this litigation with each party to bear their own attorneys’ fees and costs.

13 The parties, through their counsel, jointly request that the Court hold this matter in abeyance for 90 days. The parties further request that the Court vacate current deadlines, including the Court’s initial scheduling dates (Dkt. No. 11) and Defendants’ deadline to respond to the Complaint. The Parties will submit a joint status report to the Court on or before 90 days from the date of this order.

Stipulated to and presented this 25th day of April, 2022.

NICHOLAS W. BROWN 21 United States Attorney s/ Michelle R. Lambert 23 MICHELLE R. LAMBERT, NYS #4666657 Assistant United States Attorney 24 United States Attorney’s Office 25 1201 Pacific Avenue, Suite 700 Tacoma, WA 98402 26 Phone: 253-428-3824 Fax: 253-428-3826 Email: [email protected] 28 Counsel for Defendants 1 s/ William Frick WILLIAM FRICK, WSBA# 26648 2 Law Office of William Frick PLLC Second Avenue, Suite 701 Seattle, WA 98104 4 Phone: 206-286-0167 Fax: 206-770-7215 5 Email: [email protected] Counsel for Plaintiffs 7 s/ Michael E. Piston MICHAEL E. PISTON, MICH BAR# P34568 Law Office of William Frick PLLC 9 38-08 Union Street, Ste. 9A Flushing, NY 11354 10 Phone: 646-876-3772 Fax: 206-770-6350 Email: [email protected] 12 Counsel for Plaintiffs * PHV application pending

1 ORDER 2 The Parties having so stipulated and agreed, the Court hereby ORDERS that this action shall be held in abeyance for 90 days. The Parties shall file a Joint Status Report with the Court on or before July 25, 2022. All current deadlines are vacated.

6 DATED this 26th day of April, 2022.

8 A 10 Barbara Jacobs Rothstein U.S. District Court Judge