Shaiban et al v. Cissna et al

Filing 18

ORDER denying 7 Motion to Dismiss for Failure to State a Claim; denying 7 Motion to Dismiss for Lack of Jurisdiction. Signed by Chief Judge Frank D. Whitney on 3/25/19. (clc)

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UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NORTH CAROLINA CHARLOTTE DIVISION DOCKET NO. 3:18-cv-00153-FDW-DCK SALEH SHAIBAN, FATIMA MUTHANA, ASEEL SHAIBAN, TAHANI SHAIBAN, SAEED SHAIBAN, AMIN SHAIBAN, and AKRAM SHAIBAN, ) ) ) ) ) ) ) ) Plaintiffs, ) ) vs. ) ) L. FRANCIS CISSNA, Director of U.S. ) Citizenship and Immigration Services, ) KIRSTJEN NIELSEN, Secretary of ) Department of Homeland Security, and ) DEPARTMENT OF HOMELAND ) SECURITY ) ) Defendants. ) ) ORDER THIS MATTER is before the Court on Plaintiffs’ Motion for Extension of Time to Amend the Complaint. (Doc. No. 17). According to this Court’s standing orders, Any motion to extend the foregoing time and/or word limitations shall be filed immediately upon counsel learning of the need for the same and in any event no fewer than three (3) business days in advance of the filing deadline sought to be modified. See Standing Order Governing Civil Case Management Before the Honorable Frank D. Whitney, Misc. No. 3:07-mc-00047 (Doc. No. 2-4, p. 4–5). Plaintiffs had until March 22, 2019 to file an amended complaint in this case. (Doc. No. 16). Plaintiffs state that they were unable to comply with the deadline because lead counsel was out of the country and other counsel were engaged in 1 other matters. (Doc. No. 17, p. 2). However, Plaintiffs made no efforts to notify the Court of these anticipated conflicts, and Plaintiffs waited until 7:30 p.m. on the date of the deadline to file the present motion for an extension. The Court hereby puts Plaintiffs on notice that in the future, motions for extension must be made within the deadlines laid out in this Court’s standing orders when the need for such an extension is apparent well ahead of the deadline. The Court hereby GRANTS Plaintiffs’ Motion for Extension. (Doc. No. 17). Plaintiffs will have until April 5, 2019 to file an amended complaint in this case. IT IS SO ORDERED. Signed: March 25, 2019 2

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