Jiang v. United States Citizenship and Immigration Services

District Judge Marsha J. Pechman

8 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE FAN JIANG, No. 2:22-cv-1264-MJP Plaintiff, STIPULATION AND ORDER FOR 12 EXTENSION OF ANSWER DEADLINE v. UNITED STATES CITIZENSHIP AND Noted for Consideration: IMMIGRATION SERVICES, et al., October 28, 2022 Defendants.

The parties, by and through their counsel of record, pursuant to Federal Rule of Civil Procedure 6 and 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. Currently, Defendants’ responsive pleading to the Complaint is due on November 14, 2022.

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).

The parties submit there is good cause for an extension of the deadline. Plaintiff brought this litigation pursuant to the Administrative Procedure Act and the Mandamus Act seeking an order to compel U.S. Citizenship and Immigration Services (“USCIS”) to adjudicate Plaintiff’s Form I-539, Application to Extend/Change Nonimmigrant Status, and Form I-765, Application for Employment Authorization. USCIS anticipates adjudicating the applications shortly, but the agency requires additional time to do so. Therefore, with the requested extension, this matter may be resolved soon without further involvement of the Court. 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 once USCIS takes adjudicative action.

8 Accordingly, the parties respectfully request that Defendants’ time to respond to the Complaint be extended from November 14, 2022 to December 14, 2022.

Dated: October 28, 2022 Respectfully submitted, 12 NICHOLAS W. BROWN United States Attorney s/Michelle R. Lambert 14 MICHELLE R. LAMBERT, NYS #4666657 Assistant United States Attorney United States Attorney’s Office 16 1201 Pacific Avenue, Suite 700 Tacoma, Washington 98402 17 Phone: 206-428-3824 Email: [email protected] Attorneys for Defendants 20 s/Ralph Hua RALPH HUA WSBA #42189 21 Fisher & Phillips LLP 1700 7th Ave, Ste 2200 22 Seattle, WA 98101 Phone: (206) 247-7014 Email: [email protected] Attorneys for Plaintiff

ORDER The parties having so stipulated, the above is SO ORDERED. Defendants’ response to the Complaint is due on or before December 14, 2022.

5 DATED this 31st day of October, 2022.

A MARSHA J. PECHMAN 9 United States Senior District Judge