Kumar v. United States Department of Homeland Security

1 District Judge John H. Chun 7 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON 8 AT SEATTLE 9 CASE NO. 2:22-cv-1523-JHC SANJEEV KUMAR, et al., JOINT STIPULATION AND 10 Plaintiffs, ORDER TO EXTEND DEADLINE 11 v. NOTED FOR CONSIDERATION: January 12, 2023 UNITED STATES DEPARTMENT OF HOMELAND SECURITY, 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, hereby jointly stipulate and move to extend Defendants’ time to respond to the Complaint until February 16, 2023. Plaintiffs are foreign nationals who bring this litigation pursuant to the Administrative Procedure Act and the Mandamus Act seeking, inter alia, to compel U.S. Citizenship and Immigration Services (“USCIS”) to adjudicate their I- 485 applications, as well as any derivative applications. Dkt. No. 1. Defendants have yet to answer the Complaint. Good cause exists to extend Defendants’ time to respond to the Complaint until February 16, 2023.

1 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).

4 The parties are diligently working to resolve this litigation. USCIS has adjudicated eleven of the thirteen Plaintiffs’ applications and issued Requests for Evidence (“RFEs”) for the remaining two applications. Shortly after USCIS receives the responses to the RFEs, the agency intends to adjudicate the two remaining applications. To give the parties time to discuss potential resolution of this case, as well as allow USCIS additional time to complete the adjudications, the parties stipulate and jointly request that the Court extend Defendants’ time to respond to the Complaint until February 16, 2023. As this case may be resolved without further litigation, the parties further request that this Court vacate its Order Regarding Initial Disclosures, Joint Status Report, and Early Settlement at this time. Dkt. No. 8.

13 // // // // // // // // // // // // DATED this 12th day of January, 2023.

Respectfully submitted, NICHOLAS W. BROWN 4 United States Attorney 5 s/ Michelle R. Lambert MICHELLE R. LAMBERT, NYS #4666657 6 Assistant United States Attorney United States Attorney’s Office 7 1201 Pacific Avenue, Suite 700 Tacoma, WA 98402 8 Phone: 253-428-3824 Email: [email protected] Attorney for Defendants /s/ Al Roundtree 11 AL ROUNDTREE, WSBA 54851 Fox Rothschild LLP 12 1001 Fourth Ave., Ste 4400 Seattle, WA 98154 13 Phone: 206-624-3600 E-mail: [email protected] Attorneys for Plaintiffs 1 ORDER 2 The Parties having so stipulated and agreed, the Court hereby ORDERS that Defendants’ time to respond to the Complaint be extended until February 16, 2023. Additionally, the deadlines set in the Order Regarding Initial Disclosures, Joint Status Report, and Early Settlement (Dkt. No. 8)are vacated.

7 Dated this 13th day of January , 2023.

A 10 JOHN H. CHUN United States District Judge