Jiang v. United States Citizenship and Immigration Services

District Judge Marsha J. Pechman

7 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON 8 AT SEATTLE FAN JIANG, No. 2:22-cv-1264-MJP 10 Plaintiff, STIPULATION AND ORDER FOR EXTENSION OF ANSWER DEADLINE 11 v. NOTED FOR CONSIDERATION: UNITED STATES CITIZENSHIP AND DECEMBER 13, 2022 IMMIGRATION SERVICES, et al., Defendants.

15 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 December 14, 2022.

19 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).

22 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 recently adjudicated the application. However, Plaintiff requires additional time to review the decision and determine the next steps.

4 Accordingly, the parties respectfully request that Defendants’ time to respond to the Complaint be extended from December 14, 2022 to January 13, 2023.

7 Dated: December 13, 2022 Respectfully submitted, NICHOLAS W. BROWN 9 United States Attorney 10 s/Michelle R. Lambert MICHELLE R. LAMBERT, NYS #4666657 11 Assistant United States Attorney United States Attorney’s Office 12 1201 Pacific Avenue, Suite 700 Tacoma, Washington 98402 13 Phone: 206-428-3824 Email: [email protected] 14 Attorney for Defendants s/Ralph Hua 16 RALPH HUA WSBA #42189 Fisher & Phillips LLP 17 1700 7th Ave, Ste 2200 Seattle, WA 98101 18 Phone: (206) 247-7014 Email: [email protected] Attorney for Plaintiff 1 ORDER 3 The parties having so stipulated, the above is SO ORDERED. Defendants’ response to the Complaint is due on or before January 13, 2023.

6 DATED this 15th day of December, 2022.

A MARSHA J. PECHMAN 10 United States District Judge