Kiswani et al v. Kerry et al

Filing 25

ORDER APPROVING THIRD JOINT STIPULATION TO EXTEND TIME. Defendants shall have up to and including August 3, 2015, to answer or otherwise respond to plaintiffs' amended complaint. Signed by Judge Maxine M. Chesney on June 29, 2015. (mmclc1, COURT STAFF) (Filed on 6/29/2015)

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BENJAMIN C. MIZER
Principal Deputy Assistant Attorney General
WILLIAM C. PEACHEY
Director
DURWOOD “DERRY” H. RIEDEL
Trial Attorney
District Court Section
Office of Immigration Litigation
Civil Division
United States Department of Justice
P.O. Box 868, Ben Franklin Station
Washington, D.C. 20044
Tel: [phone]
Fax: [phone]
Email: [e-mail]
Counsel for Defendants
Julie A. Goldberg, Esq.
Goldberg & Associates
314 West 231st Street, Suite 447
Bronx, NY 10463
Tel: [phone]
Fax: [phone]
Email: [e-mail]
Counsel for Plaintiffs
U.S. DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA
SAN FRANCISCO DIVISION
MAHMOOD KISWANI and
JAMAL MAH’D HUSSEIN
ALKSSWANI,
Plaintiffs,

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v.
John KERRY, Secretary,
U.S. Department of State;
MICHAEL ALAN RATNEY,
Consul General, U.S. Consulate,
Jerusalem; JAMES FELLOWS,
Consular Section Chief;
U.S. DEPARTMENT OF STATE,
Defendants.

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No. 3:14-cv-4252 MMC
THIRD JOINT STIPULATION
TO EXTEND TIME
AND ORDER THEREON

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On January 9, 2015, Plaintiffs filed their amended complaint for writ of mandamus seeking

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to compel Defendants to adjudicate Plaintiffs’ immigrant visa application.1 On March 3, 2015, the

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Court stayed the case and ordered Defendants to “answer or otherwise respond to the Amended

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Complaint no more than 30 days after the Supreme Court issues its decision” in Kerry v. Din, — U.S.
—, 2015 WL 2473334 (June 15, 2015). On June 15, 2015, the Supreme Court issued its decision. Id.
Defendants’ deadline to answer or respond to the amended complaint is July 15, 2015.
The Parties are currently in discussions regarding the possibility of resolving this matter

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outside of litigation but require additional time to do so. Since the Supreme Court issued its
decision in Din, Plaintiffs’ counsel has been abroad and will not return to the United States until July
12, 2015. Defendants’ counsel will be on a previously scheduled family vacation for the period of
July 3 – 19, 2015.
Consequently, the Parties hereby stipulate to the following in good faith, which would not

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prejudice Plaintiffs:

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Defendants will answer or respond to the amended complaint by August 3, 2015.

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PURSUANT TO the Parties’ joint stipulation to extend time, and good cause having been

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shown, IT IS SO ORDERED: Defendants shall have up to and including August 3, 2015, to

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answer or otherwise respond to Plaintiffs’ amended complaint.

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June 29, 2015
Date:________________

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_________________________________
Maxine M. Chesney
Senior U.S. District Judge

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Defendants contend that on October 19, 2011, a consular officer adjudicated and refused Plaintiff
Alksswani’s visa application under 8 U.S.C. § 1201(g). On December 16, 2014, a consular officer
adjudicated and refused Plaintiffs’ visa application under 8 U.S.C. § 1182(a)(3)(B).
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Date: June 29, 2015

Respectfully Submitted,

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/s/ Julie A. Goldberg (by email consent)
JULIE A. GOLDBERG, ESQ.
Goldberg & Associates
314 West 231st Street, Suite 447
Bronx, NY 10463
Tel: [phone]
Fax: [phone]
Email: [e-mail]
Counsel for Plaintiffs

BENJAMIN C. MIZER
Principal Deputy Assistant Attorney General

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WILLIAM C. PEACHEY
Director
/s/ D. H. Riedel
DURWOOD “DERRY” H. RIEDEL
Trial Attorney
District Court Section
Office of Immigration Litigation
Civil Division
U.S. Department of Justice
P.O. Box 868, Ben Franklin Station
Washington, D.C. 20044
Telephone: [phone]
Facsimile: [phone]
[e-mail]
Counsel for Defendants

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CERTIFICATE OF SERVICE

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I hereby certify that on June 29, 2015, I filed a copy of the foregoing joint stipulation with

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the clerk of court via CM/ECF, which sent an electronic notice to the attorneys of record for each
party.

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/s/ D. H. Riedel
DURWOOD H. RIEDEL
Trial Attorney

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