Churyumov v. United States Citizenship and Immigration Services

Filing 19

STIPULATION AND ORDER re Briefing Schedule per parties' 18 Stipulation signed by Judge Richard A. Jones. (TH)

Case 2:18-cv-00841-RAJ Document 18 Filed 12/06/18 .iaaas 2

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The Honorable Richard A. Jones

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UNITED STATES DISTRICT COURT FOR TPIE
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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IO OLEG CHURYUMOV,
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Cl8-0841-RAJ
STIPULATED MOTION AND

Plaintiff,

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41-m.-.............~ORDER

v.

l3 UNITED STATES CITIZENSHIP AND
14 IMMIGRATION SERVICES (USCIS),
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Defendant.

REGARDING BRIEFING
SCHEDULE

Noted on Motion Calendar:
December 6, 2018

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STIPULATION

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Plaintiff filed this action seeking review of a decision by U.S. Citizenship and

20 Immigration Services ("USCIS"). Dkt. No. 1. The parties agree that Plaintiffs action is brought

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pursuant to the Administrative Procedures Act, 5 U.S.C. § 702. As such, the parties agree that
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Plaintiffs case is "an action for review on an administrative record," falling under a category of

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cases in Federal Rule of Civil Procedure ("FRCP") 26(a)(l)(E)(i) that are exempt from the

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requirements set forth in FRCP 26(a) and (f) pertaining to the "lay down" of discovery, the

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participation of the parties in a discovery conference, and the presentation of a joint discovery

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plan.

UNITED STATES ATTORNEY
1201 PACIFIC AVE., STE. 700
TACOMA, WASHINGTON 98402
[phone]

Case 2:18-cv-00841-RAJ Document 18 Filed 12/06/18 Page 2 of 5

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Plaintiff Oleg Churyumov brings his action against Defendant USCIS and alleges that:
"on February 22, 2016, he submitted his Form i-140 (petition for visa of a person with
extraordinary ability) to USCIS. Then, USCIS denied his petition. Plaintiff believes this denial

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was unlawful." Complaint, Dkt. No. 1, III Statement of Claim. As relief, "Plaintiff asks this

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Court to revoke the USCIS decision and approve Plaintiffs i-140 form." See id. at IV, Relief.

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Defendant USCIS has answered the complaint. See Answer, Dkt. No. 9.

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Accordingly, the parties respectfully request that the Court accept and approve this

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Stipulation, in lieu of a joint status report pursuant to the Court's Order dated November 15,
2018. See Order, Dkt. No. 17. The parties have agreed to the following proposed briefing

12 schedule for the filing of summary judgment motions and any responses thereto:

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1. Plaintiff shall file a motion for summary judgment, which must not exceed twenty-

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four pages, no later than March 21, 2019 and note it on the motion calendar for May
10, 2019;

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2. Defendant shall file its combined response and cross motion for summary judgment,

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which must not exceed twenty-four pages, no later than April 18, 2019 and note it on

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the motion calendar for May 10, 2019;

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3. Plaintiff shall file his combined response to Defendant's cross motion and reply to
Plaintiffs' motion, which must not exceed twelve pages, no later than May 10, 2019.
4. Defendant shall file its reply, which must not exceed twelve pages, in support of its
cross motion no later than May 10, 2019.

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UNITED STATES ATTORNEY
120 I PACIFIC A VE., STE. 700
TACOMA, WASIDNGTON98402
[phone]

Case 2:18-cv-00841-RAJ Document 18 Filed 12/06/18 Page 4 of 5

ORDER

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The parties having so stipulated, IT IS ORDERED that the parties will comply with the
above stipulated briefing schedule.

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Dated thi(tJ"'day of _

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_;:~ 2018.
=::...._;;;;.......~----''

C2ll

Richard A Jones
United States District Jud~

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UNITED STATES ATTORNEY
1201 PACIFIC A\'E. , STE. 700
TACOMA, WASHJNGTON98402
[phone]