Lidetu v. Jaddou et al

Filing 11

ORDER granting Parties' 10 Stipulated MOTION to Hold Case in Abeyance. The case is held in abeyance until 11/7/2024. The parties shall submit a joint status report on or before 11/7/2024. The Order Regarding Initial Disclosures, Joint Status Report, and Early Settlement (Dkt. No. 8 ) is vacated. Signed by Judge Marsha J. Pechman. (KRA)

District Judge Marsha J. Pechman

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

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MEAZA TEKALEGU LIDETU,
Plaintiff,

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v.

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UR M. JADDOU, et al.,
Defendants.

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Case No. 3:24-cv-05241-MJP
STIPULATED MOTION TO HOLD
CASE IN ABEYANCE AND
[PROPOSED] ORDER
Noted for Consideration:
May 31, 2024

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Plaintiff and Defendant, by and through their counsel of record, pursuant to Federal Rule

16 of Civil Procedure 6 and Local Rules 7(d)(1), 10(g) and 16, hereby jointly stipulate and move to
17 stay these proceedings until November 7, 2024. Plaintiff brought this litigation pursuant to the
18 Administrative Procedure Act and Mandamus Act seeking, inter alia, to compel the U.S.
19 Citizenship and Immigration Services (“USCIS”) adjudicate her Form I-589, Application for
20 Asylum and for Withholding of Removal. Defendant’s response to the Complaint is currently
21 due on June 10, 2024. The parties are currently working towards a resolution to this litigation.
22 For good cause, the parties request that the Court hold the case in abeyance until November 7,
23 2024.
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STIPULATED MOTION FOR ABEYANCE
[Case No. 3:24-cv-05241-MJP] - 1

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

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Courts have “broad discretion” to stay proceedings. Clinton v. Jones, 520 U.S. 681, 706

2 (1997). “[T]he powers to stay proceedings is incidental to the power inherent in every court to
3 control the disposition of the causes on its docket with economy of time and effort for itself, for
4 counsel, and for litigants.” Landis v. N. Am. Co., 299 U.S. 248, 254 (1936); see also Fed. R.
5 Civ. P. 1.
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With additional time, this case may be resolved without the need of further judicial

7 intervention. USCIS has scheduled Plaintiff’s asylum interview for July 10, 2024. USCIS
8 agrees to diligently work towards completing the adjudication within 120 days of the interview,
9 absent unforeseen or exceptional circumstances that would require additional time for
10 adjudication. If the adjudication is not completed within that time, USCIS will provide a status
11 report to the Court. Plaintiff will submit all supplemental documents and evidence, if any, to
12 USCIS seven to ten days prior to the interview date. Plaintiff recognizes that failure to submit
13 documents prior to the interview may require the interview to be rescheduled and the
14 adjudication delayed. If needed, Plaintiff will bring an interpreter to the interview, otherwise
15 the interview will need to be rescheduled and the adjudication delayed. If USCIS needs to
16 reschedule Plaintiff’s interview, USCIS will make its best efforts to do so within four weeks of
17 the initial appointment and as interview appointment availability allows. After the interview,
18 USCIS will need time to adjudicate Plaintiff’s asylum application. Once the application is
19 adjudicated, Plaintiff will dismiss the case with each party to bear their own litigation costs and
20 attorneys’ fees. Accordingly, the parties request this abeyance to allow USCIS to conduct
21 Plaintiff’s asylum interview and then process his asylum application.
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As additional time is necessary for this to occur, the parties request that the Court hold

23 the case in abeyance until November 7, 2024. The parties will submit a joint status report on or
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STIPULATED MOTION FOR ABEYANCE
[Case No. 3:24-cv-05241-MJP] - 2

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

1 before November 7, 2024.

The parties further request that the Order Regarding Initial

2 Disclosures, Joint Status Report, and Early Settlement (Dkt. No. 8) be vacated.
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DATED this 31st day of May, 2024.

4 Respectfully submitted,
5 TESSA M. GORMAN
United States Attorney
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s/ Michelle R. Lambert
7 MICHELLE R. LAMBERT, NYS #4666657
Assistant United States Attorney
8 United States Attorney’s Office
Western District of Washington
9 1201 Pacific Avenue, Suite 700
Tacoma, Washington 98402
10 Phone: [phone]
Fax: [phone]
11 Email: [e-mail]
12 Attorneys for Defendants

LAW OFFICE OF JESSICA T. ARENA
s/ Jessica T. Arena
JESSICA T. ARENA*, CA #301807
2443 Fillmore Street, #380-1614
San Francisco, California 94115
Phone: [phone]
Email: [e-mail]
*PHV
GIBBS HOUSTON PAUW

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s/ Adam Boyd
ADAM BOYD, WSBA# 49849
1000 Second Avenue, Suite 1600
Seattle, Washington 98104-1003
Phone: [phone]
Email: [e-mail]

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Attorneys for Plaintiff

13 I certify that this memorandum contains 462
words, in compliance with the Local Civil
14 Rules.

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STIPULATED MOTION FOR ABEYANCE
[Case No. 3:24-cv-05241-MJP] - 3

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

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[PROPOSED] ORDER
The case is held in abeyance until November 7, 2024. The parties shall submit a joint

3 status report on or before November 7, 2024. The Order Regarding Initial Disclosures, Joint
4 Status Report, and Early Settlement (Dkt. No. 8) is vacated. It is so ORDERED.
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DATED this 3rd day of June, 2024.

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A

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MARSHA J. PECHMAN
United States Senior District Judge

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STIPULATED MOTION FOR ABEYANCE
[Case No. 3:24-cv-05241-MJP] - 4

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