Fofana v. Scott

1 District Judge John H. Chun Magistrate Judge Michelle L. Peterson

7 UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WASHINGTON 8 AT SEATTLE HAJI FOFANA, et al., Case No. 2:25-cv-01417-JHC-MLP Petitioners, STIPULATED MOTION TO HOLD CASE 11 v. IN ABEYANCE AND [PROPOSED] ORDER BRUCE SCOTT, et al., 13 Respondents. Noted for Consideration: September 2, 2025 15 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 stay Plaintiffs’ claim for a writ of mandamus until November 10, 2025. See Dkt. 1 ¶¶ 41-42, 51- 60. In their Third and Fourth causes of action, Plaintiffs seek to compel the U.S. Citizenship and Immigration Services (“USCIS”) to schedule interviews and then adjudicate the Defendants’ I- 130 petition and I-485 application pursuant to the Administrative Procedure Act and Declaratory Judgment Act. See id. For good cause, the parties request that the Court hold the Third and Fourth claims in this action in abeyance until November 10, 2025.1 1 Separately, Defendants have filed a memorandum following this Court’s Order, Dkt. 5.

1 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. 5 P. 1.

6 With additional time, these claims may be resolved without the need of further judicial intervention. Interviews have been scheduled for September 9, 2025. Once the applications at issue are adjudicated, Plaintiff will voluntarily dismiss the Third and Fourth causes of action.

9 Accordingly, the parties respectfully request that the instant action be stayed until November 10, 2025. The parties will submit a joint status report on or before November 10, 2025.

11 DATED this 2nd day of September, 2025.

12 Respectfully submitted, TEAL LUTHY MILLER LAW OFFICES OF CAROL L.

Acting United States Attorney EDWARDS 14 & ASSOCIATES, P.S. s/ Katie D. Fairchild KATIE D. FAIRCHILD, WSBA #47712 s/ Julia C. Hunter Assistant United States Attorney United States Attorney’s Office JULIA C. HUNTER, WSBA No. 56233 Stewart Street, Suite 5220 500 Denny Way Seattle, Washington 98101-1271 Seattle, WA 98109 Phone: 206-553-7970 Phone: 206-956-9556 Fax: 206-553-4067 Email: [email protected] Email: [email protected] 19 Attorney for Petitioners Attorneys for Federal Respondents I certify that this memorandum contains 268 words in compliance with the Local Rules.

1 ORDER 2 The case is held in abeyance until November 10, 2025. The parties shall submit a joint status report on or before November 10, 2025. It is so ORDERED.

4 DATED this 5th day of September, 2025.

A MICHELLE L. PETERSON 7 United States Magistrate Judge