Seera v. Jaddou et al

Filing 6

ORDER granting Parties' 5 Stipulated MOTION to Hold Case in Abeyance. The case is held in abeyance until April 9, 2024. The parties shall submit a joint status report on or before April 9, 2024. The Order Regarding Initial Disclosures, Joint Status Report, and Early Settlement (Dkt. No. 3 ) is vacated. Signed by Judge Benjamin H. Settle.(MW)

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District Judge Benjamin H. Settle

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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MARIAM SEERA,

No. 3:23-cv-5824-BHS

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Plaintiff,

STIPULATED MOTION TO HOLD
CASE IN ABEYANCE AND
ORDER

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v.
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UR M. JADDOU, et al.,

Noted for Consideration:
November 14, 2023

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Defendants.
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Plaintiff brought this litigation pursuant to the Administrative Procedure Act seeking, inter
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alia, to compel the U.S. Citizenship and Immigration Services (“USCIS”) adjudicate her Form I16
589, Application for Asylum and for Withholding of Removal. Defendants’ response to the
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Complaint is currently due on November 27, 2023. The parties are currently working towards a
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resolution to this litigation. For good cause, the parties request that the Court hold the case in
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abeyance until April 9, 2024.
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Courts have “broad discretion” to stay proceedings. Clinton v. Jones, 520 U.S. 681, 706
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(1997). “[T]he power to stay proceedings is incidental to the power inherent in every court to
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control the disposition of the causes on its docket with economy of time and effort for itself, for
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STIPULATED MOTION FOR ABEYANCE
(23-cv-5824-BHS)

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UNITED STATES ATTORNEY
700 STEWART STREET, SUITE 5220
SEATTLE, WASHINGTON 98101
[phone]

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counsel, and for litigants.” Landis v. N. Am. Co., 299 U.S. 248, 254 (1936); see also Fed. R. Civ.

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P. 1.

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With additional time, this case may be resolved without the need of further judicial

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intervention. USCIS has scheduled Plaintiff’s asylum interview for January 10, 2024. Plaintiff

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will submit all supplemental documents and evidence, if any, to USCIS seven to ten days prior to

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the interview date. After the interview, USCIS will need time to adjudicate her asylum application.

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Once the application is adjudicated, Plaintiff will dismiss the case with each party to bear their

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own litigation costs and attorneys’ fees. Accordingly, the parties request this abeyance to allow

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USCIS to conduct Plaintiff’s asylum interview and then process her asylum application.

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As additional time is necessary for this to occur, the parties request that the Court hold the

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case in abeyance until April 9, 2024. The parties will submit a joint status report on or before

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April 9, 2024. The parties further request that the Order Regarding Initial Disclosures, Joint Status

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Report, and Early Settlement (Dkt. No. 3) be vacated.

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Dated: November 14, 2023

Respectfully submitted,

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TESSA M. GORMAN
Acting United States Attorney

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s/Michelle R. Lambert
MICHELLE R. LAMBERT, NYS #4666657
Assistant United States Attorney
1201 Pacific Avenue, Suite 700
Tacoma, Washington 98402
Phone: [phone]
Email: [e-mail]
Attorneys for Defendants

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I certify that this memorandum contains
303 words, in compliance with the Local
Civil Rules.

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STIPULATED MOTION FOR ABEYANCE
(23-cv-5824-BHS)

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UNITED STATES ATTORNEY
700 STEWART STREET, SUITE 5220
SEATTLE, WASHINGTON 98101
[phone]

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s/ Minda A Thorward
MINDA A. THORWARD WSBA#47594
Gibbs Houston Pauw
1000 Second Avenue, Suite 1600
Seattle, Washington 98104-1003
Phone: [phone]
Email: [e-mail]
Attorneys for Plaintiff

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STIPULATED MOTION FOR ABEYANCE
(23-cv-5824-BHS)

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UNITED STATES ATTORNEY
700 STEWART STREET, SUITE 5220
SEATTLE, WASHINGTON 98101
[phone]

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ORDER
The case is held in abeyance until April 9, 2024. The parties shall submit a joint status
report on or before April 9, 2024. The Order Regarding Initial Disclosures, Joint Status Report,

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and Early Settlement (Dkt. No. 3) is vacated. It is so ORDERED.

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DATED this 14th day of November, 2023.

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_______________________________
BENJAMIN H. SETTLE
United States District Judge

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STIPULATED MOTION FOR ABEYANCE
(23-cv-5824-BHS)

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UNITED STATES ATTORNEY
700 STEWART STREET, SUITE 5220
SEATTLE, WASHINGTON 98101
[phone]