Mavaddat v. United States Department of State

1 District Judge Tana Lin

7 UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WASHINGTON 8 AT SEATTLE MATIN MAVADDAT, et al., Case No. 2:24-cv-00057-TL Plaintiffs, STIPULATED MOTION TO HOLD 11 CASE IN ABEYANCE AND v. [PROPOSED] ORDER UNITED STATES DEPARTMENT OF Noted for Consideration: STATE, et al., 13 March 19, 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 stay these proceedings through May 24, 2024. Plaintiffs bring this litigation pursuant to the Administrative Procedure Act seeking, inter alia, to compel Defendants to complete processing of their non-immigrant visa applications. Defendants’ response to the Complaint is currently due on March 25, 2024. For good cause, the parties request that the Court hold this case in abeyance through May 24, 2024.

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. 2 P. 1.

3 With additional time, this case may be resolved without the need of further judicial intervention. Security screening was very recently completed for Plaintiff Mavaddat. The consular officer will next review the visa application files and determine the next steps required in the processing of the applications. If it is determined that no additional information is required, the consular officer will complete processing of their visa applications. This process will take additional time.

9 Accordingly, the parties respectfully request that the instant action be stayed until May 24, 2024. The parties will submit a joint status report on or before May 24, 2024.

11 DATED this 19th day of March, 2024.

12 Respectfully submitted, TESSA M. GORMAN LAW OFFICE OF NICHOLAS POWER United States Attorney s/ Michelle R. Lambert s/Nicholas Power MICHELLE R. LAMBERT, NYS #4666657 NICHOLAS POWER, WSBA# 45972 Assistant United States Attorney 5040 Guard, Ste. 150 United States Attorney’s Office Friday Harbor, Washington 98250 Western District of Washington Phone: 360-298-0464 1201 Pacific Avenue, Suite 700 Email: [email protected] Tacoma, WA 98402 Phone: (253) 428-3824 s/James O. Hacking, III Fax: (253) 428-3826 JAMES O. HACKING, III* Email: [email protected] HACKING IMMIGRATION LAW, LLC 10121 Manchester Rd., Ste. A Attorneys for Defendants St. Louis, Missouri 63122 Phone: 314-961-8200 I certify that this memorandum contains 262 Email: [email protected] words, in compliance with the Local Civil Rules. *PHV Attorneys for Plaintiff 1 [PROPOSED] ORDER 2 The case is held in abeyance until May 24, 2024. The parties shall submit a joint status report on or before May 24, 2024. It is so ORDERED.

5 DATED this 19th day of March 2024.

A Tana Lin United States District Judge