Meftahi v. Gaudiosi

1 District Judge Marsha J. Pechman

7 UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WASHINGTON 8 AT SEATTLE ALI AKBAR MEFTAHI, Ca se No. 2:24-cv-00790-MJP 10 Plaintiff, STIPULATED MOTION TO HOLD CASE IN ABEYANCE AND 11 v. [PROPOSED] ORDER ERIC GAUDIOSI, et al., Noted for Consideration: August 7, 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 through October 11, 2024. Plaintiff brings this litigation pursuant to the Administrative Procedure Act and Mandamus Act seeking, inter alia, to compel Defendants to readjudicate Plaintiff’s son’s immigrant visa application. Defendants’ response to the Complaint is currently due on August 12, 2024. For good cause, the parties request that the Court hold this case in abeyance through October 11, 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. P. 1.

3 With additional time, this case may be resolved without the need of further judicial intervention. Plaintiff’s son’s visa application is currently refused under INA § 221(g), 8 U.S.C.1201(g) for administrative processing. Additional time is needed to allow for the discretionary processing to be completed, which may lead to re-adjudication.

7 Accordingly, the parties respectfully request that the instant action be stayed until October 11, 2024. The parties will submit a joint status report on or before October 11, 2024.

9 DATED this 7th day of August, 2024.

10 Respectfully submitted, TESSA M. GORMAN GOLDST EI N IMMIGR ATION LAWYERS United States Attorney s/ Michelle R. Lambert s/ Joshua L. Goldstein MICHELLE R. LAMBERT, NYS #4666657 JOSHUA L. GOLDSTEIN, WSBA# 61773 Assistant United States Attorney 611 Wilshire Boulevard, Ste. 317 United States Attorney’s Office Los Angeles, California 90017 Western District of Washington Phone: (213) 425-1979 1201 Pacific Avenue, Suite 700 Email: [email protected] Tacoma, Washington 98402 Phone: (253) 428-3824 Attorney for Plaintiff Fax: (253) 428-3826 Email: [email protected] Attorneys for Defendants I certify that this memorandum contains 241 words, in compliance with the Local Civil Rules.

1 [PROPOSED] ORDER 2 The case is held in abeyance until October 11, 2024. The parties shall submit a joint status report on or before October 11, 2024. It is so ORDERED.

5 DATED this 8th day of August, 2024.

A 8 MARSHA J. PECHMAN United States Senior District Judge