Yith et al v. Johnson et al

Filing 26

STIPULATION and ORDER Re Abeyance signed by District Judge Lawrence J. O'Neill on 4/30/2015. (Sant Agata, S)

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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,
)
) Second Stipulation and [Proposed] Order
v.
) re: Abeyance
)
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 March 3, 2015, this Court granted the parties’ joint stipulation to hold the matter in

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abeyance in light of then-scheduled interviews pertaining to Plaintiffs’ pending naturalization

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applications. See ECF No. 24. Those interviews occurred on March 10, 2015. Following the

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interviews, U.S. Citizenship and Immigration Services (“USCIS”) issued Notices of Intent to

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Deny Plaintiffs’ applications. Plaintiffs filed responses to those notices on April 24, 2015.

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In light of the pending adjudication of Plaintiffs’ naturalization applications and in order

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to allow USCIS to review Plaintiffs’ recent responses and issue a decision, the parties stipulate

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to hold this matter in abeyance for an additional sixty (60) days, and to file status reports—or a

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joint status report if possible—on or before June 30, 2015. The parties agree that this stipulation

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itself has no effect on Plaintiffs’ right to seek, or Defendants’ right to oppose, attorney’s fees

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under the Equal Access to Justice Act, 28 U.S.C. § 2412(d), or under any other legal theory,

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authority, or precedent preserved in Plaintiffs’ complaint; or on the substance of any other claim,

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cause of action, or contention made by Plaintiff therein, or availability or non-availability of any

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relief sought by Plaintiff thereon.

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Dated: April 30, 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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IT IS SO ORDERED.

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Dated:

/s/ Lawrence J. O’Neill

April 30, 2015

UNITED STATES DISTRICT JUDGE

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