Maalin v. Mayorkas

1 District Judge Tana Lin

7 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON 8 AT SEATTLE FARTUN A. MAALIN, et al., No. 2:21-cv-1700-TL 10 Plaintiffs, STIPULATED MOTION TO HOLD CASE IN ABEYANCE AND 11 v. [PROPOSED] ORDER ALEJANDRO MAYORKAS, et al., NOTED FOR CONSIDERATION: February 1, 2023 13 Defendants.

14 Plaintiffs and Defendants, by and through their counsel of record, pursuant to Federal Rule of Civil Procedure 6 and Local Rules 7(d)(1), 10(g) and 16, hereby jointly stipulate and move to continue to stay these proceedings until February 21, 2023. The case is currently stayed. Dkt.

17 No. 30. The parties continue to work diligently towards a resolution to this litigation.

18 Courts have “broad discretion” to stay proceedings. Clinton v. Jones, 520 U.S. 681, 706 (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); see also Fed. R. Civ. P. 1.

1 Plaintiff Ali is scheduled to pick up his travel foil on February 14, 2023, and then travel to the United States on February 16, 2023. Once he arrives in the United States, all parties agree that this case will be moot. Therefore, the parties believe good cause exists to continue the stay in these proceedings to save the parties from spending unnecessary time and judicial resources on this matter.

6 Accordingly, the parties jointly stipulate and request that the Court stay these proceedings until February 21, 2023. The parties will submit either a stipulated motion to dismiss this case or a joint status report on or before February 21, 2023.

9 Dated: February 1, 2023 10 Respectfully submitted, 11 NICHOLAS W. BROWN United States Attorney s/Michelle R. Lambert 13 MICHELLE R. LAMBERT, NYS #4666657 Assistant United States Attorney 14 United States Attorney’s Office 1201 Pacific Avenue, Suite 700 15 Tacoma, Washington 98402 Phone: 206-428-3824 16 Email: [email protected] 17 Attorney for Defendants s/Jane Marie O’Sullivan 19 JANE MARIE O’SULLIVAN, WSBA#34486 O’Sullivan Law Office 20 2417 Pacific Avenue SE, 2nd Floor Olympia, Washington 98501 21 Phone: 206-340-9980 Email: [email protected] Attorney for Plaintiffs 1 [PROPOSED] ORDER 2 The parties having stipulated and agreed, it is hereby so ORDERED. The parties shall file either a stipulated motion to dismiss the case or a joint status report on or before February 21, 2023.

5 DATED this 2nd day of February 2023.

A Tana Lin United States District Judge