Hassan 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 IKHYAR AHMED HASSAN, et al., Case No. 2:24-cv-00122-TL Plaintiffs, STIPULATED MOTION TO HOLD 11 CASE IN ABEYANCE AND v. [PROPOSED] ORDER UNITED STATES DEPARTMENT OF Noted for Consideration: STATE, et al., August 19, 2024 14 Defendants.

16 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 continue to stay these proceedings until October 18, 2024. Plaintiffs brought this litigation pursuant to the Mandamus Act and the Administrative Procedure Act seeking, inter alia, to compel Defendants to complete the administrative processing of Plaintiff Abdiraham Mohamed’s visa application. This case is currently stayed through August 19, 2024. Dkt. No. 9. There is good cause to continue to stay these proceedings.

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 Plaintiff Abdiraham Mohamed is working to submit additional documentation requested by the U.S. Embassy in Nairobi, Kenya. Once he has submitted the documentation, the Embassy will review it and continue with processing the application. Because further litigation may not be necessary after the review is completed, the parties agree that continuing to hold this case in abeyance through October 18, 2024 is appropriate. Therefore, the parties believe good cause exists for a stay in these proceedings to save the parties and this Court from spending unnecessary time and judicial resources on this matter.

11 Accordingly, the parties jointly stipulate and request that the Court stay these proceedings through October 18, 2024. The parties will submit a joint status report on or before October 18, 2024.

14 DATED this 19th day of August, 2024.

Respectfully submitted, TESSA M. GORMAN GAIRSO N L AW, LLC United States Attorney s/ Michelle R. Lambert s/ Jay Gairson MICHELLE R. LAMBERT, NYS #4666657 JAY GAIRSON, WSBA #43365 Assistant United States Attorney 4606 Martin Luther King Jr., Way S.

United States Attorney’s Office Seattle, Washington 98108 Western District of Washington Phone: (206) 357-4218 1201 Pacific Avenue, Suite 700 Email: [email protected] Tacoma, Washington 98402 Phone: (253) 428-3824 Attorney for Plaintiffs Fax: (253) 428-3826 Email: [email protected] Attorneys for Defendants I certify that this memorandum contains 286 words, in compliance with the Local Civil Rules.

1 [PROPOSED] ORDER 2 The parties having stipulated and agreed, it is hereby so ORDERED. The parties shall file a joint status report on or before October 18, 2024.

4 DATED this 20th day of August, 2024.

A Tana Lin United States District Judge