Lin v. Mayorkas

1 Chief District Judge David G. Estudillo

7 UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WASHINGTON 8 AT TACOMA YANJUN LIN, Case No. 3:24-cv-05108-DGE Plaintiff, STIPULATED MOTION TO HOLD 11 CASE IN ABEYANCE AND v. ORDER ALEJANDRO MAYORKAS, et al., Noted for Consideration: 13 May 1, 2024 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 for sixty days. Plaintiff brings this case pursuant to the Administrative Procedure Act and Mandamus Act, inter alia, to compel U.S. Citizenship and Immigration Services (“USCIS”) to conduct his client’s naturalization interview and adjudicate the naturalization application thereafter. Defendants’ response to the Complaint is due on May 6, 2024. For good cause, the parties request that this case be held in abeyance through July 5, 2024.

23 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 The parties are diligently working towards a resolution of this case without the need for further litigation. USCIS scheduled Plaintiff’s naturalization interview for June 4, 2024.

6 USCIS will likely need additional time after the interview to continue processing Plaintiff’s naturalization application. The parties agree that these steps may moot this litigation.

8 Accordingly, the parties agree and jointly request that this case be held in abeyance until July 5, 2024, and order the parties to file a joint status report on or before July 5, 2024.

10 DATED this 1st day of May, 2024.

11 Respectfully submitted, TESSA M. GORMAN LAW OFFICES OF BART KLEIN United States Attorney s/ Michelle R. Lambert s/ Bart Klein MICHELLE R. LAMBERT, NYS #4666657 BART KLEIN, WSBA #10909 Assistant United States Attorney 605 First Avenue South, Suite 500 United States Attorney’s Office Seattle, WA 98104 Western District of Washington Phone: (206) 624-3787 1201 Pacific Avenue, Suite 700 Fax: (206) 624-6371 Tacoma, Washington 98402 Email: [email protected] Phone: (253) 428-3824 Fax: (253) 428-3826 Email: [email protected] Attorneys for Defendants I certify that this memorandum contains 254 words, in compliance with the Local Civil Rules.

1 ORDER 2 The parties having so stipulated, the above is SO ORDERED. The parties shall file a joint status report on or before July 5, 2024. The initial deadlines and scheduling conference set in the Court’s Order entered February 22, 2024, are stricken.

5 Dated this 2nd day of May 2024.

7 A 8 David G. Estudillo United States District Judge