Karnoski et al v. Trump et al

Filing 683

ORDER re parties' 682 Joint Status Report. The Court GRANTS the Parties' request; this case is further STAYED to July 29, 2021 and the Parties are ORDERED to submit a stipulation of dismissal or a joint status report with their respective positions on what issues remain in this proceeding by July 29. Signed by Judge Marsha J. Pechman. (PM)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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RYAN KARNOSKI, et al.,
Plaintiffs,

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v.

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JOSEPH R. BIDEN, in his official
capacity as President of the United
States, et al.,

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CASE NO. C17-1297 MJP
ORDER EXTENDING STAY TO
JULY 29, 2021;
REQUIRING A JOINT STATUS
REPORT NO LATER THAN JULY
29, 2021

Defendants.

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This matter comes before the Court upon the Parties’ Joint Status Report of June 11,
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2021. (Dkt. No. 682.) The Parties acknowledge that the policy challenged in this litigation has
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been rescinded and the Department of Defense’s new directives have taken effect as of April 30,
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2021. Id. at 2. Nevertheless, the Parties request that the stay in this case be extended to July 29,
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2021 so they can complete negotiations over dismissal of this proceeding, including any
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allocation of costs and fees. Id. at 2–3. The Parties further propose to file a joint status report by
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that date to seek a further extension, if necessary, or set forth their positions on what proceedings
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remain. Id. at 3.
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ORDER EXTENDING STAY TO JULY 29, 2021; - 1

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As an initial matter, the Court retains jurisdiction to determine attorney’s fees, as

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necessary, even if the claims at issue in this proceeding have been rendered moot. United States

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v. Ford, 650 F.2d 1141, 1143–1144 (9th Cir. 1981).

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The Court finds there is good cause to extend the stay as the Parties have requested. The

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Court GRANTS the Parties’ request; this case is further STAYED to July 29, 2021 and the

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Parties are ORDERED to submit a stipulation of dismissal or a joint status report with their

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respective positions on what issues remain in this proceeding by July 29. If negotiations are not

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complete by July 29, the Parties must explain what the impediment is and offer a plan for the

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Court to bring this matter to a conclusion.

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The clerk is ordered to provide copies of this order to all counsel.

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Dated June 15, 2021.

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A   
Marsha J. Pechman
United States Senior District Judge

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REQUIRING A JOINT STATUS REPORT NO LATER THAN JULY 29, 2021 - 2