Raghavan v. Jaddou

1 District Judge Jamal N. Whitehead

UNITED STATES DISTRICT COURT 7 WESTERN DISTRICT OF WASHINGTON AT SEATTLE AISHWARYA RAGHAVAN and No. 2:23-cv-517-JNW AVININDRA PARUCHURI, STIPULATED MOTION TO EXTEND 10 Plaintiffs, DEADLINES AND [PROPOSED] ORDER 11 v. Noted for Consideration: UR M. JADDOU, et al., November 7, 2023 13 Defendant.

15 Plaintiffs Ashwarya Raghavan and Avinindra Parchuri and Defendants through their respective counsel, pursuant to Federal Rule of Civil Procedure 6 and Local Rules 10(g) and 16, and hereby jointly stipulate and move for a one-week extension of the deadline for Defendants to respond to the Amended Complaint.

19 Plaintiffs filed an Amended Complaint on October 13, 2023, Dkt. No. 17, which added Antony Blinken, the Secretary of the State, as a Defendant. The Amended Complaint asserts, inter alia, that Defendants have unlawfully withheld and/or delayed the issuance of a final determination and the issuance of an immigrant visa number concerning their Form I-485s due to retrogression.

1 Defendants’ current deadline to respond to the Amended Complaint is November 10, 2023. For good cause, the parties request that the Court extend this deadline until November 17, 2023.

3 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).

6 Initially, the parties agreed that Defendants would respond to the Amended Complaint by November 10, 2023. Dkt. No. 16, Joint Status Report. However, Defendants’ counsel inadvertently proposed this deadline without realizing that it fell on a federal holiday. Defendants seek this short extension to ensure that counsel can fully communicate with necessary agency personnel before filing a response. Furthermore, the additional week will allow Plaintiffs to execute service on Antony Blinken.

12 Accordingly, the parties request that the Court extend Defendants’ deadline to respond to the Amended Complaint until November 17, 2023.

14 Dated: November 7, 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 18 United States Attorney’s Office 1201 Pacific Avenue, Suite 700 19 Tacoma, Washington 98402 Phone: 206-428-3824 20 Email: [email protected] 21 I certify that this memorandum contains 264 words, in compliance with the Local Civil Rules.

Attorneys for Defendant 1 s/Kripa Upadhyay KRIPA UPADHYAY, WSBA #40063 2 Karr, Tuttle, Campbell Fifth Ave, Suite 3300 3 Seattle, WA 98104 Phone: 206.224.8092 4 Email: [email protected] 5 s/Bradley B. Banias BRADLEY B. BANIAS, SC76653 6 Banias Law, LLC Rutledge Avenue 7 Charleston, South Carolina 29403 Phone: 843.352.4272 8 Email: [email protected] 9 Attorneys for Plaintiffs

1 [PROPOSED] ORDER Defendants’ time to respond to the Complaint is extended to November 17, 2023. It is so ORDERED.

4 DATED this 9th day of November, 2023.

A 6 Jamal N. Whitehead United States District Judge