Tolentino v. U.S. Citizenship & Immigration Services et al

Filing 24

ORDER directing parties to file a Joint Status Report within 10 days of this order, by Judge James L. Robart. (PM)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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FRANCIS TOLENTINO,
Plaintiff,

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CASE NO. C16-0451JLR
ORDER

v.
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U.S. CITIZENSHIP &
IMMIGRATION SERVICES, et al.,

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Defendants.

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Plaintiff Francis Tolentino brings this action pursuant to the Administrative
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Procedures Act (“the APA”) and contends that Defendants erred in denying his petition
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to classify a Convention 1 adoptee as an immediate relative. (See Am. Compl. (Dkt. # 23)
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¶¶ 8.1-9.2; JSR (Dkt. # 11) at 2.) The court has reviewed the parties’ joint status report
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(“JSR”). (See JSR.) In their JSR, the parties state that “[b]ecause this action is brought
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The Convention on Protection of Children and Cooperation in Respect of Intercountry
Adoption, May 29, 1993, 32 I.L.M. 1134 (the “Hague Adoption Convention”). (See MTD (Dkt.
# 18) at 2; Compl. (Dkt. # 1) ¶ 7.4 (referring to “The Hague Adoption Convention”).)

ORDER - 1

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under the APA, the case will be decided on the administrative record, and discovery is

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not appropriate.” (Id. at 3.) In addition, the parties represent that a trial date and other

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pretrial-related matters are not applicable. (See id. at 5). The court recently granted Mr.

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Tolentino’s motion to amend his complaint and denied Defendants’ motion to dismiss

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Mr. Tolentino’s original complaint as moot. (Order (Dkt. # 22).) On May 15, 2017,

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Plaintiff filed his amended complaint. (See Am. Compl.) Accordingly, the court

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ORDERS the parties to file another JSR within ten (10) days of the entry of this order.

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Given the parties’ representations that this matter can be resolved without a trial, the

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second JSR must set forth a reasonable proposal for the court’s resolution of this matter

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on the merits.
Dated this 17th day of May, 2017.

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A

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JAMES L. ROBART
United States District Judge

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ORDER - 2