Barrows v. Schofer et al

Filing 10

ORDER granting Parties' 9 Stipulated MOTION to Hold Case in Abeyance. The case is held in abeyance until 11/22/2024. The parties shall submit a joint status report on or before 11/22/2024. Signed by Judge Ricardo S. Martinez. (SB)

District Judge Ricardo S. Martinez

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

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JENNIFER LYNN BARROWS,

Case No. 2:24-cv-00598-RSM

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Plaintiff,
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STIPULATED MOTION TO HOLD
CASE IN ABEYANCE AND ORDER

v.
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Noted for Consideration:
September 23, 2024

ANDREW SCHOFER, et al.,
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Defendants.
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Plaintiff and Defendants, by and through their counsel of record, pursuant to Federal

16 Rule of Civil Procedure 6 and Local Rules 7(d)(1), 10(g) and 16, hereby jointly stipulate and
17 move to stay these proceedings through November 22, 2024. Plaintiff brings this litigation
18 pursuant to the Administrative Procedure Act and Mandamus Act seeking, inter alia, to compel
19 Defendants to complete processing of Plaintiff’s husband’s immigrant visa application. This
20 case is currently stayed at the request of the parties. Dkt. No. 8. For good cause, the parties
21 request that the Court hold this case in abeyance through November 22, 2024.
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Courts have “broad discretion” to stay proceedings. Clinton v. Jones, 520 U.S. 681, 706

23 (1997). “[T]he power to stay proceedings is incidental to the power inherent in every court to
24 control the disposition of the causes on its docket with economy of time and effort for itself, for
STIPULATED MOTION
[Case No. 2:24-cv-00598-RSM] - 1

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

1 counsel, and for litigants.” Landis v. N. Am. Co., 299 U.S. 248, 254 (1936); see also Fed. R.
2 Civ. P. 1.
As described previously, the U.S. Embassy in Islamabad, Pakistan, returned Plaintiff’s

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4 Form I-130, Petition for Alien Relative, to U.S. Citizenship and Immigration Services
5 (“USCIS”) with a recommendation that the petition be revoked. Today, USCIS completed its
6 review and reaffirmed its approval of the Form I-130. The reaffirmation has been sent to the
7 Department of State’s National Visa Center. Due to the recency of this action, the parties need
8 time to confer and to determine next steps for this litigation.
Accordingly, the parties respectfully request that the instant action be stayed until

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10 November 22, 2024. The parties will submit a joint status report on or before November 22,
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DATED this 23rd day of September, 2024.

13 Respectfully submitted,
14 TESSA M. GORMAN
United States Attorney
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s/ Michelle R. Lambert
MICHELLE
R. LAMBERT, NYS #4666657
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Assistant United States Attorney
17 United States Attorney’s Office
Western District of Washington
18 1201 Pacific Avenue, Suite 700
Tacoma, Washington 98402
19 Phone: [phone]
Fax: [phone]
20 Email: [e-mail]

GOLDSTEIN IMMIGRATION LAWYERS
s/ Joshua L. Goldstein
JOSHUA L. GOLDSTEIN, WSBA #61773
611 Wilshire Boulevard, Ste. 317
Los Angeles, California 90017
Phone: [phone]
Email: [e-mail]
Attorney for Plaintiff

21 Attorneys for Defendants
22 I certify that this memorandum contains 275
words, in compliance with the Local Civil
23 Rules.
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STIPULATED MOTION
[Case No. 2:24-cv-00598-RSM] - 2

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

ORDER

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The case is held in abeyance until November 22, 2024. The parties shall submit a joint

3 status report on or before November 22, 2024. It is so ORDERED.
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DATED this 24th day of September, 2024.

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A

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RICARDO S. MARTINEZ
UNITED STATES DISTRICT JUDGE

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STIPULATED MOTION
[Case No. 2:24-cv-00598-RSM] - 3

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