Pham v. Jaddou

1 District Judge Tana Lin

UNITED STATES DISTRICT COURT 7 WESTERN DISTRICT OF WASHINGTON AT SEATTLE TUAN KIET PHAM No. 2:23-cv-1846-TL 10 Plaintiff, STIPULATED MOTION TO HOLD CASE IN ABEYANCE AND 11 v. [PROPOSED] ORDER UR M. JADDOU, et al., Noted for Consideration: January 25, 2024 13 Defendants.

15 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 April 5, 2024. Plaintiff brought this litigation pursuant to the Administrative Procedure Act and Mandamus Act seeking, inter alia, to compel Defendant U.S. Citizenship and Immigration Services (“USCIS”) to adjudicate Plaintiff’s Form I-829, Petition by Entrepreneur to Remove Conditional Basis of Lawful Permanent Residence Status, on behalf of himself and his four derivative family members. Defendants’ response to the Complaint is currently due on February 5, 2024. For good cause, the parties request that the Court hold the case in abeyance until April 5, 2024.

1 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. 5 P. 1.

6 USCIS needs additional time to proceed to the next stage of adjudication after issuing a Request for Clarification (“RFC”) on January 22, 2024. USCIS will have to receive and review the RFC response before it can take the next adjudicative step. Accordingly, USCIS needs additional time before it can proceed with either the administrative process or this litigation.

10 As additional time is necessary for this to occur, the parties request that the Court hold the case in abeyance until April 5, 2024. The parties will submit a joint status report on or before April 5, 2024.

13 Dated: January 25, 2024 Respectfully submitted, 14 TESSA M. GORMAN United States Attorney s/Michelle R. Lambert 16 MICHELLE R. LAMBERT, NYS #4666657 Assistant United States Attorney 17 1201 Pacific Avenue, Suite 700 Tacoma, Washington 98402 18 Phone: 253-428-3824 Email: [email protected] 19 Attorneys for Defendants 20 I certify that this memorandum contains words, in compliance with the Local 21 Civil Rules.

1 s/ Tess Douglas TESS DOUGLAS WSBA #58807 2 DGO Legal 8141 2nd Street, Suite 515 3 Downey, California 90241 Phone: 213-278-4073 4 Email: [email protected] Attorneys for Plaintiff

1 [PROPOSED] ORDER The case is held in abeyance until April 5, 2024. The parties shall submit a joint status report on or before April 5, 2024. It is so ORDERED.

4 DATED this 26th day of January 2024.

5 A 6 Tana Lin United States District Judge