Wagafe et al v. United States Citizenship and Immigration Services et al

Filing 38

MINUTE ORDER granting Defendants' 35 Motion for extension of time to response to Plaintiffs' 26 Motion to Certify Class. Response due 4/10/2017. Plaintiffs' 26 Motion to Certify Class is RENOTED to 4/14/2017. Authorized by U.S. District Judge John C Coughenour. (PM)

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THE HONORABLE JOHN C. COUGHENOUR 1 2 3 4 5 6 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 7 8 9 ABDIQAFAR WAGAFE, et al., 10 11 12 13 14 Plaintiffs, CASE NO. C17-0094-JCC MINUTE ORDER v. DONALD TRUMP, UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES, et al., Defendants. 15 16 17 18 The following Minute Order is made by direction of the Court, the Honorable John C. Coughenour, United States District Judge: This matter comes before the Court on Defendants’ motion for extension of time to 19 respond to Plaintiffs’ motion for class certification (Dkt. No. 26) from February 27, 2017 to 20 April 10, 2017 (Dkt. No. 35). Plaintiffs’ filed an amended complaint on February 1, 2017, adding 21 challenges to the President’s Executive Order (No. 13,769, 82 Fed. Reg. 8977) of January 27, 22 2017, entitled “Protecting the Nation from Foreign Terrorist Entry into the United States.” (Dkt. 23 No. 17.) On February 7, Plaintiffs notified the Court that the acting director of the U.S. 24 Citizenship and Immigration Services (“USCIS”) issued a memo stating “Section 3(c) of the 25 Executive Order does not affect USCIS adjudication of applications and petitions filed for or on 26 behalf of individuals in the United States regardless of their country of nationality.” (Dkt. No. 22 MINUTE ORDER C17-0094-JCC PAGE - 1 1 at 2–3.) On February 9, 2017, Plaintiffs moved for class certification. (Dkt. No. 26.) Based on 2 the USCIS memo, Plaintiffs did not seek class certification in one of the three classes described 3 in their amended complaint. (Dkt. No. 22 at 2–3; Dkt. No. 26 at 3 n.1.) On February 16, 2017, 4 the President indicated that he intends to rescind the Executive Order and replace it with a new, 5 revised Executive Order. 6 Given that it appears likely the President will soon issue a new Executive Order, which 7 may lead to a putative class that would seek certification, the Court finds good cause to extend 8 the time to respond to Plaintiffs motion for class certification. See Fed. R. Civ. P. 6(b)(1)(A). 9 Accordingly, Defendants’ motion for extension of time to respond to Plaintiffs’ motion for class 10 certification (Dkt. No. 35) is GRANTED. Defendants have until April 10, 2017 to respond. 11 Plaintiffs’ motion for class certification (Dkt. No. 26) is RENOTED to April 14, 2017. Should 12 Plaintiffs’ require additional time to reply to Defendants’ response, it will be afforded to them. 13 DATED this 27th day of February 2017. 14 William M. McCool Clerk of Court 15 /s/Paula McNabb Deputy Clerk 16 17 18 19 20 21 22 23 24 25 26 MINUTE ORDER C17-0094-JCC PAGE - 2

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