Shetty v. U.S. Citizenship and Immigration Services et al

Filing 20

ORDER granting 19 Stipulation to Extend Deadline to Answer Complaint. Federal defendants' answers are due 12/11/2020. Signed by Magistrate Judge Brenda Weksler on 10/14/2020. (Copies have been distributed pursuant to the NEF - DRS)

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Case 2:20-cv-00909-KJD-BNW Document 19 Filed 10/08/20 Page 1 of 2 20 10/14/20 1 NICHOLAS A. TRUTANICH United States Attorney 2 3 4 5 6 GREG ADDINGTON Nevada State Bar No. 6875 Assistant United States Attorney Bruce R. Thompson U.S. Courthouse & Fed. Bldg. 400 South Virginia Street, Suite 900 Reno, Nevada 89501 (775) 784-5438 7 UNITED STATES DISTRICT COURT 8 DISTRICT OF NEVADA 9 KARTIKA SHETTY, M.D., F.A.C.P., 2:20-cv-909-KJD-BNW 10 Plaintiff, STIPULATION AND SECOND REQUEST TO EXTEND DATE FOR FEDERAL DEFENDANTS TO FILE RESPONSE TO COMPLAINT (Second Request) 11 v. 12 13 14 U.S. CITIZENSHIP AND IMMIGRATION SERVICES, et. al., Current Date: October 26, 2020 New Date: December 11, 2020 Defendants. 15 16 It is hereby agreed and stipulated by all parties, through their respective counsel, that the due date 17 for the federal defendants to file their response to the complaint (#1) may be extended to December 11, 18 2020. This is the second request to extend the due date for the defendants’ response to the complaint. It 19 is requested the Court approve the requested extension of time based on the following: 20 1. Plaintiff Shetty filed his complaint (#1) on May 20, 2020. The complaint seeks to challenge 21 the denial of Shetty’s petition for an “EB-1” visa which sought classification of Shetty as an alien with 22 extraordinary ability in the field of internal medicine education. See Complaint (#1), para. 1. 23 2. By stipulated order (#18) entered July 17, 2020, the deadline for the defendant federal agencies 24 to respond to the complaint was extended to October 26, 2020, based on USCIS’s issuance of an 1 Case 2:20-cv-00909-KJD-BNW Document 19 Filed 10/08/20 Page 2 of 2 20 10/14/20 1 administrative request for evidence (RFE) to obtain additional information from Shetty relevant to his 2 visa application. 3 3. Shetty anticipates providing his response to the agency’s RFE within the next two weeks. The 4 current extended deadline will not provide USCIS with sufficient time to evaluate Shetty’s anticipated 5 additional information and make a visa eligibility determination thereon. 6 4. The requested extension of time is requested in order to provide time for Shetty to respond to 7 the RFE with additional information and materials and for USCIS to further consider Shetty’s eligibility 8 for the visa classification sought by him. 9 10 Based on the foregoing, the parties request the Court approve the stipulation and the proposed extension of time to December 11, 2020, for the filing of defendants’ response to the complaint. 11 12 __/s/ Daniel Pierce_________ DANIEL PIERCE, ESQ. Counsel for Plaintiff /s/ Greg Addington _______ GREG ADDINGTON Assistant United States Attorney Counsel for Federal Defendants 13 14 15 16 IT IS SO ORDERED IT IS SO ORDERED DATED: 11:54 am, October 14, 2020 Date; __________________, 2020 17 18 19 ____________________________________ UNITED STATES MAGISTRATE JUDGE BRENDA WEKSLER UNITED STATES MAGISTRATE JUDGE 20 21 22 23 24 2

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