Babasiuk v. Jaddou

District Judge Ricardo S. Martinez

7 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON 8 AT SEATTLE DENYS BABASIUK, No. 2:24-cv-843-RSM 10 Plaintiff, STIPULATED MOTION TO EXTEND DEADLINE AND ORDER 11 v. Noted for Consideration: UR MENDOZA JADDOU, et al., August 9, 2024 13 Defendants.

Plaintiff and Defendants, pursuant to Federal Rule of Civil Procedure 6 and Local Rules 7(d)(1) and 10(g), hereby jointly stipulate and move to extend Defendants’ deadline to respond to the complaint to October 18, 2024. Plaintiff brought this litigation pursuant to the Mandamus Act and the Administrative Procedure Act seeking, inter alia, to compel the U.S. Citizenship and Immigration Services (“USCIS”) to adjudicate his Form I-589, Application for Asylum and for Withholding of Removal. Defendants’ current deadline to respond to the complaint is August 19, 2024. There have been no prior extension requests for this deadline.

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 The parties submit there is good cause for an extension of the deadline. Prior to the adjudication of Plaintiff’s Form I-589, he must attend an asylum interview. U.S. Citizenship and Immigration Services’ (“USCIS”) Asylum Office is waiting for the file for Plaintiff’s dependent to arrive before it can schedule Plaintiff’s asylum interview. USCIS anticipates that 60 days will provide enough time for the Asylum Office to receive the file and schedule the interview. Once the interview is scheduled, the parties will be able to discuss how to move forward with this litigation.

8 Accordingly, the parties jointly stipulate and request that the Court extend Defendants’ time to respond to the complaint to October 18, 2024.

10 Dated: June 17, 2024 Respectfully submitted, 11 TESSA M. GORMAN United States Attorney s/Michelle R. Lambert 13 MICHELLE R. LAMBERT, NYS #4666657 Assistant United States Attorney 14 United States Attorney’s Office 1201 Pacific Avenue, Suite 700 15 Tacoma, Washington 98402 Phone: 206-428-3824 16 Email: [email protected] Attorney for Defendants I certify that this memorandum contains 250 18 words, in compliance with the Local Civil Rules.

s/_______________________________ 20 DENYS BABASIUK 2418 103rd Drive SE 21 Lake Stevens, Washington 98258 Phone: 929-228-8709 22 Email: [email protected] Pro Se Plaintiff 1 ORDER 2 Defendants’ deadline to respond to the complaint is extended to October 18, 2024. It is SO ORDERED.

4 DATED this 13th day of August, 2024.

A RICARDO S. MARTINEZ 7 UNITED STATES DISTRICT JUDGE