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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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 8 9 10 FRANCIS TOLENTINO, Plaintiff, 11 CASE NO. C16-0451JLR ORDER v. 12 13 U.S. CITIZENSHIP & IMMIGRATION SERVICES, et al., 14 Defendants. 15 Plaintiff Francis Tolentino brings this action pursuant to the Administrative 16 Procedures Act (“the APA”) and contends that Defendants erred in denying his petition 17 to classify a Convention 1 adoptee as an immediate relative. (See Am. Compl. (Dkt. # 23) 18 ¶¶ 8.1-9.2; JSR (Dkt. # 11) at 2.) The court has reviewed the parties’ joint status report 19 (“JSR”). (See JSR.) In their JSR, the parties state that “[b]ecause this action is brought 20 21 22 1 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 1 under the APA, the case will be decided on the administrative record, and discovery is 2 not appropriate.” (Id. at 3.) In addition, the parties represent that a trial date and other 3 pretrial-related matters are not applicable. (See id. at 5). The court recently granted Mr. 4 Tolentino’s motion to amend his complaint and denied Defendants’ motion to dismiss 5 Mr. Tolentino’s original complaint as moot. (Order (Dkt. # 22).) On May 15, 2017, 6 Plaintiff filed his amended complaint. (See Am. Compl.) Accordingly, the court 7 ORDERS the parties to file another JSR within ten (10) days of the entry of this order. 8 Given the parties’ representations that this matter can be resolved without a trial, the 9 second JSR must set forth a reasonable proposal for the court’s resolution of this matter 10 11 on the merits. Dated this 17th day of May, 2017. 12 13 A 14 JAMES L. ROBART United States District Judge 15 16 17 18 19 20 21 22 ORDER - 2

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