Jiang v. United States Citizenship and Immigration Services

Opinion

District Judge Marsha J. Pechman

WESTERN DISTRICT OF WASHINGTON

FAN JIANG, No. 2:22-cv-1264-MJP

Plaintiff, STIPULATION AND ORDER FOR EXTENSION OF ANSWER DEADLINE v. NOTED FOR CONSIDERATION: UNITED STATES CITIZENSHIP AND DECEMBER 13, 2022 IMMIGRATION SERVICES, et al., Defendants.

The parties, by and through their counsel of record, pursuant to Federal Rule of Civil Procedure 6 and Local Rules 10(g) and 16, and hereby jointly stipulate and move for an extension of the deadline for Defendants to respond to the Complaint. Currently, Defendants’ responsive pleading to the Complaint is due on December 14, 2022. A court may modify a deadline for good cause. Fed. R. Civ. P. 6(b). Continuing pretrial and trial dates is within the discretion of the trial judge. See King v. State of California, 784 F.2d 910, 912 (9th Cir. 1986). The parties submit there is good cause for an extension of the deadline. Plaintiff brought this litigation pursuant to the Administrative Procedure Act and the Mandamus Act seeking an order to compel U.S. Citizenship and Immigration Services (“USCIS”) to adjudicate Plaintiff’s Form I-539, Application to Extend/Change Nonimmigrant Status, and Form I-765, Application for Employment Authorization. USCIS recently adjudicated the application. However, Plaintiff requires additional time to review the decision and determine the next steps. Accordingly, the parties respectfully request that Defendants’ time to respond to the

Complaint be extended from December 14, 2022 to January 13, 2023.

Dated: December 13, 2022 Respectfully submitted,

NICHOLAS W. BROWN United States Attorney

s/Michelle R. Lambert MICHELLE R. LAMBERT, NYS #4666657 Assistant United States Attorney United States Attorney’s Office 1201 Pacific Avenue, Suite 700 Tacoma, Washington 98402 Phone: 206-428-3824 Email: michelle.lambert@usdoj.gov Attorney for Defendants s/Ralph Hua RALPH HUA WSBA #42189 Fisher & Phillips LLP 1700 7th Ave, Ste 2200 Seattle, WA 98101 Phone: (206) 247-7014 Email: rhua@fisherphillips.com Attorney for Plaintiff

The parties having so stipulated, the above is SO ORDERED. Defendants’ response to the Complaint is due on or before January 13, 2023.

DATED this 15th day of December, 2022. A

MARSHA J. PECHMAN United States District Judge