Doe v. Bostock

1 District Judge James L. Robart Magistrate Judge S. Kate Vaughan

7 UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WASHINGTON 8 AT SEATTLE JANE DOE, Ca se No. C24-0326-JLR-SKV 10 Petitioner-Plaintiffs, STIPULATED MOTION TO EXTEND DEADLINE AND [PROPOSED] 11 v. ORDER DREW BOSTOCK, et al., Noted for Consideration: 13 Respondents- July 26, 2024 Defendants.

The parties, 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 extend Respondents’ deadline to file a return to the habeas petition to August 28, 2024. This Court has extended this deadline once before and Respondents’ current deadline to file a return is July 29, 2024. Dkt. No. 22, Order. Good cause exists for a second extension of this deadline to August 28, 2024.

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).

1 Since the parties’ last filing, the Immigration Judge issued a final order of removal and Petitioner waived appeal. Petitioner has filed an application with U.S. Citizenship and Immigration Service (“USCIS”) that may allow her to remain in the United States. She has also submitted a request to U.S. Immigration and Customs Enforcement (“ICE”) for an administrative stay of her removal. ICE requires a preliminary determination from USCIS before it can decide this request. Accordingly, an extension will provide the time for the agencies to process and save resources of the parties and this Court.

8 Accordingly, the parties respectfully request that the Respondents’ deadline to file a return be extended to August 28, 2024.

10 DATED this 26th day of July, 2024.

11 Respectfully submitted, TESSA M. GORMAN RIGHTS BEHIND BARS TESSA M. GORMAN United States Attorney s/ Oren Nimni 14 OREN NIMNI*, MA #691821 s/ Michelle R. Lambert 416 Florida Avenue, NW #26152 MICHELLE R. LAMBERT, NYS #4666657 Washington, DC 20001 Assistant United States Attorney Phone: (202) 455-4399 United States Attorney’s Office Email: [email protected] Western District of Washington *Pro Hac Vice 1201 Pacific Avenue, Suite 700 Tacoma, Washington 98402 GIBBS HOUSTON PAUW Phone: (253) 428-3824 Fax: (253) 428-3826 s/ Adam W. Boyd 19 ADAM W. BOYD, WSBA #49849 (253) 428-38 1000 Second Avenue, Suite 1600 Email: [email protected] Seattle, Washington 98104 Phone: (206) 682-1080 Attorneys for Respondents-Defendants. Email: [email protected] I certify that this memorandum contains 236 Attorneys for Petitioner-Plaintiffs words, in compliance with the Local Civil Rules.

1 [PROPOSED] ORDER 2 For good cause, Respondents’ deadline to file a return is extended to August 28, 2024. It is so ORDERED.

5 DATED this 29th day of July, 2024.

A 7 S. KATE VAUGHAN United States Magistrate Judge