Angon Ochoa et al v. Clinton et al

Filing 10

ORDER Granting 9 Unopposed Motion for Extension of Time to Respond to Complaint. Answer due 3/18/2013. Signed by Magistrate Judge Cam Ferenbach on 12/19/2012. (Copies have been distributed pursuant to the NEF - SLR)

1 2 3 4 5 6 7 8 9 10 DANIEL G. BOGDEN United States Attorney District of Nevada Nevada State Bar No. 2137 CARLOS A. GONZALEZ Assistant United States Attorney STUART F. DELERY Principal Deputy Assistant Attorney General ELIZABETH J. STEVENS Assistant Director TROY D. LIGGETT Trial Attorney, D.C. Bar No. 995073 U.S. Department of Justice P.O. Box 868, Ben Franklin Station Washington, DC 20044 (202)532-4765; (202)305-7000 (fax) troy.liggett@usdoj.gov Attorneys for the United States 11 UNITED STATES DISTRICT COURT DISTRICT OF NEVADA 12 13 ADRIAN ANGON OCHOA and ILIANA DENISSE MORAN TORRES, 14 Plaintiffs, 15 v. 16 HILLARY CLINTON, et al., 17 Defendants. ) Case No.: 2:12-CV-1210-LRH-VCF ) ) ) ) ) ) ) ) ) ) 18 DEFENDANTS’ UNOPPOSED MOTION FOR EXTENSION OF TIME 19 (Third Request) 20 Defendants, by and through their attorneys, request a third extension 21 of time to file an answer or other appropriate responsive pleading to 22 Plaintiffs’ complaint. 23 The parties have worked diligently to resolve the cause of action 24 without expending further resources of the court or the parties. The case 25 challenges the denial of Plaintiff Adrian Angon Ochoa’s (“Ms. Angon”) visa 26 application by the U.S. Consulate in Ciudad Juarez, Mexico. 1 Since the 1 complaint was filed, Defendants have advised Plaintiffs of the requisite 2 documents that must be filed and approved before Defendants will reconsider 3 Ms. Angon’s visa application in an effort to resolve this litigation. 4 Since the Court granted the second motion to extend time to answer, the 5 parties learned that Ms. Angon accrued unlawful presence in the United 6 States, so she must have an approved Form I-601, Application for Waiver of 7 Grounds of Inadmissibility, before the U.S. Consulate may reconsider her visa 8 application. 9 the Form I-601, and Defendants are attempting to expedite processing by U.S. Plaintiffs advised Defendants’ counsel that Ms. Angon submitted 10 Citizenship and Immigration Services. 11 Plaintiffs of the updated documents (medical examination and passport) that 12 must be submitted to the U.S. consulate in order for her visa application to 13 be considered. 14 expected to re-adjudicate the visa application within thirty (30) days, and 15 the litigation will be moot. 16 Defendants also have advised When Ms. Angon’s file is complete, then the U.S. Consulate is Defendants’ counsel consulted with Plaintiffs’ counsel, attorney Troy 17 Baker on behalf of attorney Anthony Guenther, and Plaintiffs do not oppose 18 this motion. 19 The current deadline to answer the complaint is December 18, 2012, 20 based on the court’s order granting the second unopposed motion to extend the 21 deadline. 22 to work towards resolution of the litigation, Defendants respectfully request 23 that the court grant an additional ninety (90) day extension of time to file 24 an appropriate pleading to answer the complaint up to and including Monday, 25 March 18, 2013. (ECF No. 8, Nov. 18, 2012). To allow the parties additional time 26 2 1 DATED: December 18, 2012 Respectfully submitted, 2 Daniel G. Bogden United States Attorney Stuart F. Delery Principal Deputy Assistant Attorney General Carlos A. Gonzalez Assistant United States Attorney Elizabeth J. Stevens Assistant Director 3 4 5 6 7 /s/ Troy D. Liggett Troy D. Liggett Trial Attorney District Court Section Office of Immigration Litigation Civil Division U.S. Department of Justice 8 9 10 IT IS SO ORDERED: 11 12 __________________________________ UNITED STATES MAGISTRATE JUDGE 13 DATE: 14 15 16 17 18 19 20 21 22 23 24 25 26 3 12-19-2012 ___________________________