Yith et al v. Johnson et al

Filing 24

STIPULATION and ORDER RE ABEYANCE signed by District Judge Lawrence J. O'Neill on 03/03/2015. (Flores, E)

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BENJAMIN B. WAGNER
United States Attorney
AUDREY B. HEMESATH
Assistant United States Attorney
501 I Street, Suite 10-100
Sacramento, CA 95814
Telephone: [phone]
Email: [e-mail]

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Attorneys for Defendants

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
SEANLIM YITH and SEAK LEANG YITH,

)
) Case No.: 1:14-cv-01875 LJO SKO
Plaintiffs,
)
) Stipulation and Order re: Abeyance
v.
)
)
JEH JOHNSON, Secretary, U.S. Department of )
Homeland Security; LEON RODRIGUEZ,
)
Director, U.S. Citizenship and Immigration
)
Services, et al.,
)
)
Defendants.
)
)

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On February 24, 2015, U.S. Citizenship and Immigration Services issued interview

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notices pertaining to Plaintiffs’ currently-pending naturalization applications. The interviews are

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set for March 10, 2015. Plaintiffs have sought (among other relief) an order requiring

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adjudication of their naturalization applications, and Defendants believe that the issuance of

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interview notices has the potential to affect this Court’s jurisdiction over Plaintiffs’ first two

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causes of action, in that interviews would trigger the statutory 120-day deadline for issuance of

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decisions on Plaintiff’s naturalization applications. See 8 U.S.C. § 1447(b). Accordingly, the

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parties therefore stipulate to hold this matter in abeyance, vacate the March 17, 2015 hearing

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date, vacate the April 16, 2015 status conference, and instead file status reports or a joint status

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report if possible by May 1, 2015. The parties agree that this stipulation itself has no effect on

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Plaintiffs’ right to seek, or Defendants’ right to oppose, attorney’s fees under the Equal Access to

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Justice Act, 28 U.S.C. § 2412(d), or under any other legal theory, authority or precedent

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preserved in Plaintiffs’ complaint.

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Dated: March 2, 2015

Respectfully submitted,
BENJAMIN B. WAGNER
United States Attorney

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s/ Audrey B. Hemesath
AUDREY B. HEMESATH
Assistant United States Attorney

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Attorney for Defendants

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Bruce Leichty, A Professional Corporation

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By: /s/ Bruce Leichty
Bruce Leichty

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Attorney for Plaintiffs

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ORDER

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The above stipulation is approved.
SO ORDERED
Dated: March 3, 2015
/s/ Lawrence J. O’Neill
United States District Judge

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