He v. United States Department of Homeland Security

1 District Judge Ricardo S. Martinez

8 UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WASHINGTON 9 AT SEATTLE CHENGBO HE, et al., CASE NO. 2:23-cv-261-RSM 11 JOINT STIPULATION AND Plaintiffs, ORDER TO CONTINUE DEADLINE 12 v. Noted for consideration on: June 15, 2023 U.S. DEPARTMENT OF HOMELAND SECURITY, et al., Defendants.

Plaintiffs and Defendants, pursuant to Federal Rule of Civil Procedure 6 and Local Rules 10(g) and 16, jointly stipulate and move to extend Defendants’ time to respond to the Complaint until July 7, 2023. Twelve Plaintiffs 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 and their derivatives’ Form I-485s, Applications to Register Permanent Residence or Adjust Status. Dkt. No. 1. Defendants’ current response deadline is June 20, 2023. Good cause exists to extend Defendants’ time to respond to the Complaint until July 7, 2023.

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 are diligently working to resolve this litigation. All Plaintiffs now have approved Form I-485s. USCIS is producing the lawful permanent resident card (“LPR”) for the last Plaintiff. To give the parties time to discuss potential resolution of this case, as well as allow USCIS additional time to continue with its adjudications, the parties stipulate and jointly request that the Court extend Defendants’ time to respond to the Complaint until July 7, 2023.

DATED this 15th day of June, 2023.

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, WA 98402 17 Phone: 253-428-3824 Fax: 253-428-3826 Email: [email protected] 19 Counsel for Defendants /s/ Daniel P. Pierce 21 DANIEL P. PIERCE (pro hac vice) Fragomen Del Rey Bernsen & Loewy, LLP 22 1101 15th Street NW, Ste 700 23 Washington, DC 200005 Phone: 202-223-5515 24 Email: [email protected] 25 /s/ Al Roundtree AL ROUNDTREE, WSBA #54851 Fox Rothschild LLP 1001 Fourth Ave., Ste 4400 1 Seattle, WA 98154 Phone: 206-624-3600 2 E-mail: [email protected] Attorneys for Plaintiffs ORDER It is SO ORDERED.

DATED this 16th day of June, 2023.

5 A RICARDO S. MARTINEZ 7 UNITED STATES DISTRICT JUDGE