Kaur v. Wolf et al
Filing
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ORDER re parties' 12 Stipulated Motion to Extend Deadlines. Joint Status Report due by 3/9/2021, Answer due 3/12/2021. Signed by Judge Marsha J. Pechman. (PM)
Case 2:20-cv-00619-MJP Document 13 Filed 01/07/21 Page 1 of 3
The Honorable Marsha J. Pechman
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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE
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MANPREET KAUR,
Case No. 2:20-cv-619 MJP
Plaintiff,
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v.
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WOLF, 1
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CHAD
Acting Secretary,
Department of Homeland Security; et
al.,
STIPULATED MOTION TO EXTEND
DEADLINES AND ORDER
Note on Motion Calendar:
January 7, 2021
Defendants.
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The parties, pursuant to Local Rules 10(g) and 16, hereby jointly stipulate
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and move for a 60-day extension of their deadline to file a Joint Status Report
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and Discovery Plan, and of defendants’ deadline to Answer the Complaint. The
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Joint Status Report and Answer are currently due January 8 and 11, 2021,
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respectively; the new deadlines would be March 9 and 12, 2021.
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A court may modify a schedule for good cause. Fed. R. Civ. P. 16(b)(4).
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Continuing pretrial and trial dates is within the discretion of the trial judge.
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See King v. State of California, 784 F.2d 910, 912 (9th Cir. 1986).
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The Acting Secretary of the U.S. Department of Homeland Security is
incorrectly named as “John” Wolf in the Complaint and on the docket.
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STIPULATED MOTION TO EXTEND DEADLINES
2:20-cv-619-MJP
PAGE– 1
UNITED STATES ATTORNEY
700 STEWART STREET, SUITE 5220
SEATTLE, WASHINGTON 98101
(206) 553-7970
Case 2:20-cv-00619-MJP Document 13 Filed 01/07/21 Page 2 of 3
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The parties submit there is good cause for an extension of these
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deadlines. The Court has previously extended these deadlines as Defendants
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worked to adjudicate Plaintiff’s I-130 Petition for Alien Relative and issue the
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visa, as requested in Plaintiff’s mandamus Complaint. Dkt. nos. 7, 9, and 11.
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In September 2020, Defendant Gregory A. Richardson, Director of the Texas
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Service Center for United States Citizenship and Immigration Services (USCIS),
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adjudicated USCIS’ Notice of Intent to Revoke favorably to Plaintiff, reaffirming
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the prior approval of Plaintiff’s I-130 Petition. USCIS then forwarded the
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approved I-130 Petition to the U.S. Department of State’s National Visa Center
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for further processing. The State Department sent Plaintiff’s visa application
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to the U.S. consulate in Mumbai, India in November 2020. Last week, Plaintiff
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reported to her counsel that she is scheduled for a visa interview at the
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Mumbai consulate on January 22, 2021.
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Considering the progress described above, the parties continue to believe
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this mandamus action could likely be resolved without litigation. To avoid
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unnecessary expenses and conserve their own and the Court’s resources, the
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parties seek a further 60-day extension of their deadline to file a Joint Status
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Report and Defendants’ deadline to file the Answer.
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IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.
DATED: January 7, 2021
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s/ Bart Klein
BART KLEIN, WSBA #10909
605 1st Ave, Ste 500
Seattle, WA 98104
Phone Number: 206-624-3787
Fax: 206-624-6371
Email: Bart.Klein@bartklein.com
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Attorney for Plaintiff
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STIPULATED MOTION TO EXTEND DEADLINES
2:20-cv-619-MJP
PAGE– 2
UNITED STATES ATTORNEY
700 STEWART STREET, SUITE 5220
SEATTLE, WASHINGTON 98101
(206) 553-7970
Case 2:20-cv-00619-MJP Document 13 Filed 01/07/21 Page 3 of 3
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s/ Kyle A. Forsyth
KYLE A. FORSYTH, WSBA #34609
Assistant United States Attorney
United States Attorney’s Office
700 Stewart Street, Suite 5220
Seattle, WA 98101-1271
Phone: (206) 553-7970
Email: kyle.forsyth@usdoj.gov
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Attorney for Defendants
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DATED: January 7, 2021
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ORDER
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IT IS SO ORDERED.
Dated this 7th day of January 2021.
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A
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Marsha J. Pechman
United States Senior District Judge
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STIPULATED MOTION TO EXTEND DEADLINES
2:20-cv-619-MJP
PAGE– 3
UNITED STATES ATTORNEY
700 STEWART STREET, SUITE 5220
SEATTLE, WASHINGTON 98101
(206) 553-7970
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