Margarito Godinez v. Jaddou

District Judge Tana Lin

UNITED STATES DISTRICT COURT 8 WESTERN DISTRICT OF WASHINGTON AT SEATTLE MOISES MARGARITO GODINEZ, No. 2:23-cv-1267-TL 11 Plaintiff, STIPULATED MOTION TO HOLD CASE IN ABEYANCE AND 12 v. [PROPOSED] ORDER UR MENDOZA JADDOU, et al., Noted for Consideration on: 14 October 11, 2023 Defendants.

Plaintiff 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 stay these proceedings until December 7, 2023. Plaintiff brings this litigation pursuant to the Mandamus Act seeking, inter alia, to compel the U.S. Citizenship and Immigration Services (“USCIS”) to compel action on his Form I-918, Application for U Nonimmigrant Status, and Form I-765, Application for Employment Authorization. Defendants’ response to the Complaint is currently due on October 23, 2023. For good cause, the parties request that the Court hold this case in abeyance until December 7, 2023.

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. 2 P. 1.

3 With additional time, this case may be resolved without the need of further judicial intervention. Although this case had been assigned to an officer for review and adjudication, USCIS had to recently re-assigned Plaintiff’s case to a new officer. This officer is in the process of obtaining the Plaintiff’s A-file, which is being returned by the formerly assigned officer. Once the newly assigned officer has the A-file, USCIS will evaluate Plaintiff’s application for waiting list placement and employment authorization.

9 Accordingly, the parties respectfully request that the instant action be stayed until December 7, 2023. The parties will submit a joint status report on or before December 7, 2023.

11 The parties further request that this Court vacate its Order Regarding Initial Disclosures and Joint Status Report. Dkt. No. 8.

Dated: October 11, 2023 Respectfully submitted, 15 TESSA M. GORMAN Acting United States Attorney s/Michelle R. Lambert 17 MICHELLE R. LAMBERT, NYS #4666657 Assistant United States Attorney United States Attorney’s Office 19 1201 Pacific Avenue, Suite 700 Tacoma, Washington 98402 20 Phone: 206-428-3824 Email: [email protected] 21 Attorneys for Defendants I certify that this memorandum contains 23 489 words, in compliance with the Local Civil Rules. s/Katherine H. Rich 25 KATHERINE H. RICH, WSBA #46881 Rich Immigration PC 1207 N. 200th Street, Suite 214b 27 Shoreline, Washington 98133 Phone: 206-853-4073 Email: [email protected] 2 Attorney for Plaintiff

[PROPOSED] ORDER The case is held in abeyance until December 7, 2023. The parties shall submit a joint status report on or before December 7, 2023. The Order Regarding Initial Disclosures and Joint Status Report (Dkt. No. 8) is VACATED. IT IS SO ORDERED.

6 Dated this 12th day of October 2023.

8 A Tana Lin 10 United States District Judge