Barrows v. Schofer

District Judge Ricardo S. Martinez

7 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON 8 AT SEATTLE JENNIFER LYNN BARROWS, No. 2:24-cv-598-RSM Plaintiff, STIPULATED MOTION TO HOLD 11 CASE IN ABEYANCE AND ORDER v. 12 Noted for Consideration on: ANDREW SCHOFER, et al., December 19, 2024 14 Defendants.

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 continue to stay these proceedings through January 22, 2025. Plaintiff brings this litigation pursuant to the Administrative Procedure Act and Mandamus Act seeking, inter alia, to compel Defendants to complete processing of Plaintiff’s husband’s immigrant visa application. This case is currently stayed at the request of the parties. Dkt. No. 12. For good cause, the parties request that the Court hold this case in abeyance through January 22, 2025.

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. 26 P. 1.

1 Since the last filing, the consular section at the U.S. Embassy in Islamabad, Pakistan, asked Plaintiff’s husband to submit additional information, including a new medical examination.

3 Plaintiff’s husband attended the medical examination last week. Once the consular section receives the medical examination, it will assess the possibility of reopening and readjudicating the visa application. At this time, the visa remains refused pursuant to 8 U.S.C. § 1201(g). Additional time is needed for the consular section to receive the requested information and conduct this assessment.

8 Accordingly, the parties respectfully request that the instant action be stayed until January 22, 2025. The parties will submit a joint status report on or before January 22, 2025.

10 Dated: December 19, 2024 Respectfully submitted, TESSA M. GORMAN 12 United States Attorney 13 s/Michelle R. Lambert MICHELLE R. LAMBERT, NYS #4666657 14 Assistant United States Attorney United States Attorney’s Office 1201 Pacific Avenue, Suite 700 16 Tacoma, Washington 98402 Phone: 253-428-3824 17 Email: [email protected] Attorneys for Defendants I certify that this memorandum contains words, in compliance with the Local 20 Civil Rules.

21 s/Joshua L. Goldstein JOSHUA L. GOLDSTEIN, WSBA# 61773 22 Goldstein Immigration Lawyers Wilshire Boulevard, Ste. 317 Los Angeles, California 90017 24 Phone: 213-425-1979 Email: [email protected] 25 Attorneys for Plaintiff

ORDER 2 The case is held in abeyance until January 22, 2025. The parties shall submit a joint status report on or before January 22, 2025. It is so ORDERED.

DATED this 20th day of December, 2024.

6 A RICARDO S. MARTINEZ 8 UNITED STATES DISTRICT JUDGE