Rubio Hernandez v. United States Citizenship and Immigration Services

1 The Honorable Marsha J. Pechman

UNITED STATES DISTRICT COURT 6 WESTERN DISTRICT OF WASHINGTON Felix RUBIO HERNANDEZ, Case No. 2:22-cv-00904-MJP Plaintiff, v. STIPULATED MOTION AND ORDER 10 TO PRODUCE ADMINISTRATIVE U.S. CITIZENSHIP AND IMMIGRATION RECORD AND SET BRIEFING SERVICES; Alejandro MAYORKAS, 11 DEADLINES Secretary of Homeland Security; Ur M.

12 JADDOU, Director, U.S. Citizenship and Noting Date: January 25, 2023 Immigration Services, Defendants.

Pursuant to Local Civil Rule 7(d)(1), Plaintiff Felix Rubio Hernandez and Defendants U.S. Citizenship and Immigration Services, Alejandro Mayorkas, and Ur M. Jaddou stipulate and request that the Court enter an order setting deadlines to produce the administrative record and to exchange cross-motions for summary judgment.

The parties agree that the initial disclosure requirements of Rule 26(a)(1) and the requirements of Rule 26(f), which instructs the parties to prepare a discovery plan, do not apply to this case. Plaintiff filed his complaint under the Administrative Procedure Act, and accordingly, Defendants agree to produce to Plaintiff the administrative record on which the agency decision was based. See 5 U.S.C. § 706; see also Nw. Coal. for Alternatives to Pesticides v. U.S. E.P.A., 920 F. Supp. 2d 1168, 1172 (W.D. Wash. 2013).1 Furthermore, because the Court will render any decision on the administrative record, the parties agree that no trial or pre-trial scheduling dates are necessary and that the Court can resolve the matter based on the record. See Nw. Motorcycle Ass’n v. U.S. Dep’t of Agric., 18 F.3d 1468, 1472 (9th Cir. 1994).

5 Accordingly, the parties propose the following schedule: 6 Defendants’ deadline for producing the administrative record: 7 March 3, 2023 8 Schedule for cross-motions for summary judgment: 9 Plaintiff’s motion for summary judgment: May 12, 2023 10 Defendants’ response and cross-motion for summary judgment: June 9, 2023 11 Plaintiff’s response to Defendants’ cross-motion for summary judgment and reply in support of motion for summary judgment: July 7, 2023 Defendants’ reply in support of cross-motion for summary judgment: July 21, 13 2023.

14 Respectfully submitted this 25th day of January, 2023.

15 s/ Matt Adams Matt Adams, WSBA No. 28287 s/ Aaron Korthuis Aaron Korthuis, WSBA No. 53974 s/ Michael Hur Michael Hur, WSBA No. 59084 s/ Mozhdeh Oskouian Mozhdeh Oskouian, WSBA No. 36789 [email protected]

1 Plaintiff reserves the right to seek a complete administrative record or move for discovery if he believes the record is incomplete or another exception permitting discovery in an APA case applies. See Lands Council v. Powell, 395 F.3d 1019, 1030 (9th Cir. 2005).

1 s/ Glenda M. Aldana Madrid Glenda M. Aldana Madrid, WSBA No. 46987 [email protected] Northwest Immigrant Rights Project Second Ave., Ste 400 Seattle, WA 98104 (206) 957-8611 Attorneys for Plaintiff s/ Nickolas Bohl NICKOLAS BOHL, WSBA No. 48978 Assistant United States Attorney Western District of Washington United States Attorney’s Office 700 Stewart Street, Suite 5220 Seattle, Washington 98101-1271 Phone: 206-553-7970 Email: [email protected] Attorney for Defendants 1 ORDER 2 Pursuant to the Parties’ stipulated motion, the Court hereby ORDERS that the Court’s order regarding initial disclosures, joint status report, and early settlement, Dkt. 4, is hereby vacated. The Court orders the following deadlines for production of the administrative record and the exchange of cross-motions for summary judgment: 6 Defendants’ deadline for producing the administrative record: 7 March 3, 2023 8 Schedule for cross-motions for summary judgment: 9 Plaintiff’s motion for summary judgment: May 12, 2023 10 Defendants’ response and cross-motion for summary judgment: June 9, 2023 11 Plaintiff’s response to Defendants’ cross-motion for summary judgment and reply in support of motion for summary judgment: July 7, 2023 Defendants’ reply in support of cross-motion for summary judgment: July 21, 13 2023.

14 IT IS SO ORDERED.

15 Dated this 27th day of January, 2023.

A _ Marsha J. Pechman 19 United States Senior District Judge 1 CERTIFICATE OF SERVICE 2 I hereby certify that on January 25, 2023, I electronically filed the foregoing with the Clerk of the Court using the CM/ECF system, which will send notification of such filing to those attorneys of record registered on the CM/ECF system.

5 DATED this 25th day of January, 2023.

6 s/ Aaron Korthuis Aaron Korthuis 7 Northwest Immigrant Rights Project Second Avenue, Suite 400 Seattle, WA 98104 (206) 816-3872 (206) 587-4025 (fax) 10 [email protected] STIP. MOT. AND ORDER NORTHWEST IMMIGRANT RIGHTS PROJECT