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