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)

THE HONORABLE JOHN C. COUGHENOUR

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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ABDIQAFAR WAGAFE, et al.,

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Plaintiffs,

CASE NO. C17-0094-JCC
MINUTE ORDER

v.
DONALD TRUMP, UNITED STATES
CITIZENSHIP AND IMMIGRATION
SERVICES, et al.,
Defendants.

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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

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respond to Plaintiffs’ motion for class certification (Dkt. No. 26) from February 27, 2017 to

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April 10, 2017 (Dkt. No. 35). Plaintiffs’ filed an amended complaint on February 1, 2017, adding

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challenges to the President’s Executive Order (No. 13,769, 82 Fed. Reg. 8977) of January 27,

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2017, entitled “Protecting the Nation from Foreign Terrorist Entry into the United States.” (Dkt.

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No. 17.) On February 7, Plaintiffs notified the Court that the acting director of the U.S.

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Citizenship and Immigration Services (“USCIS”) issued a memo stating “Section 3(c) of the

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Executive Order does not affect USCIS adjudication of applications and petitions filed for or on

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behalf of individuals in the United States regardless of their country of nationality.” (Dkt. No. 22

MINUTE ORDER C17-0094-JCC
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at 2–3.) On February 9, 2017, Plaintiffs moved for class certification. (Dkt. No. 26.) Based on

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the USCIS memo, Plaintiffs did not seek class certification in one of the three classes described

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in their amended complaint. (Dkt. No. 22 at 2–3; Dkt. No. 26 at 3 n.1.) On February 16, 2017,

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the President indicated that he intends to rescind the Executive Order and replace it with a new,

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revised Executive Order.

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Given that it appears likely the President will soon issue a new Executive Order, which

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may lead to a putative class that would seek certification, the Court finds good cause to extend

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the time to respond to Plaintiffs motion for class certification. See Fed. R. Civ. P. 6(b)(1)(A).

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Accordingly, Defendants’ motion for extension of time to respond to Plaintiffs’ motion for class

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certification (Dkt. No. 35) is GRANTED. Defendants have until April 10, 2017 to respond.

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Plaintiffs’ motion for class certification (Dkt. No. 26) is RENOTED to April 14, 2017. Should

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Plaintiffs’ require additional time to reply to Defendants’ response, it will be afforded to them.

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DATED this 27th day of February 2017.

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William M. McCool
Clerk of Court

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/s/Paula McNabb
Deputy Clerk

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MINUTE ORDER C17-0094-JCC
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