Ratkowski v. Mayorkas

1 District Judge James L. Robart 7 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON 8 AT SEATTLE YIJIN MO RATKOWSKI, et al., No. 2:23-cv-1536-JLR Plaintiffs, STIPULATED MOTION TO HOLD 11 CASE IN ABEYANCE AND v. [PROPOSED] ORDER ALEJANDRO N. MAYORKAS, et al., Noted for Consideration on: 13 March 13, 2024 Defendants.

15 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 April 22, 2024. Plaintiffs bring this case pursuant to the Administrative Procedure Act and Mandamus Act seeking an order compelling U.S. Citizenship and Immigration Services (“USCIS”) to complete processing of their Form I-130, Petition for Alien Relative. This case is currently stayed through March 16, 2024. Dkt. No. 12. There is good cause to continue to hold this case in abeyance.

22 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.

4 With additional time, this case may be resolved, or the issues narrowed. On March 13, 2024, Plaintiff sent a response to the Notice of Intent to Deny (“NOID”) concerning the Form I- 130. Once received, USCIS requires at least 30 days to review the response and take further action.

7 To provide time for this to occur, the parties request that this case continue to be stayed until April 22, 2024.

9 Accordingly, the parties request this Court continue to hold the case in abeyance until April 22, 2024. The parties will submit a joint status report on or before April 22, 2024.

11 Dated: March 13, 2024 Respectfully submitted, TESSA M. GORMAN 13 United States Attorney 14 s/Michelle R. Lambert MICHELLE R. LAMBERT, NYS #4666657 15 Assistant United States Attorney United States Attorney’s Office 16 1201 Pacific Avenue, Suite 700 Tacoma, Washington 98402 17 Phone: 253-428-3824 Email: [email protected] 18 Attorneys for Defendants 19 I certify that this memorandum contains 267 words, in compliance with the Local Civil Rules.

21 s/ Gregory McLaweon GREGORY HORTMAN MCLAWSEN 22 WSBA #41870 Sound Immigration 23 113 Cherry Street, ECM #45921 Seattle, Washington 98104 1 Phone: 855-809-5115 Email: [email protected] s/ Nico Ratkowski 4 NICO RATKOWSKI* Ratkowski Law PLLC 5 332 Minnesota Street, Suite W1610 Saint Paul, Minnesota 55101 6 Phone: 651-755-5150 Email: [email protected] 7 *PHV Attorneys for Plaintiffs

1 [PROPOSED] ORDER 2 The case is held in abeyance until April 22, 2024. The parties shall submit a joint status report on or before April 22, 2024. It is so ORDERED.

5 DATED this _1_4_t_h_ day of ___M__a_rc_h______________, 2024.

6 A JAMES L. ROBART 8 United States District Judge