Maalin v. Mayorkas

Opinion

District Judge Tana Lin

WESTERN DISTRICT OF WASHINGTON

FARTUN A. MAALIN et al., No. 2:21-cv-1700-TL

Plaintiffs, STIPULATED MOTION TO HOLD CASE IN ABEYANCE AND v. [PROPOSED] ORDER

ALEJANDRO MAYORKAS, et al., Noted for Consideration on: October 28, 2022 Defendants.

Plaintiffs and Defendants, by and through their counsel of record, pursuant to Federal Rule of Civil Procedure 6 and Local Rules 7(d)(1), 10(g) and 16, hereby jointly stipulate and move to continue to stay these proceedings for forty-five days. The case is currently stayed. Dkt. No. 26. The parties continue to work diligently towards a resolution to this litigation. Courts have “broad discretion” to stay proceedings. Clinton v. Jones, 520 U.S. 681, 706 (1997). “[T]he power to stay proceedings is incidental to the power inherent in every court to control the disposition of the causes on its docket with economy of time and effort for itself, for counsel, and for litigants.” Landis v. N. Am. Co., 299 U.S. 248, 254 (1936); see also Fed. R. Civ. P. 1.

Plaintiffs report that the United Nation’s International Organization for Migration (“IOM”) performed the beneficiary’s medical exam on October 17, 2022. The State Department recently received the beneficiary’s results. If the beneficiary remains qualified, a travel foil will be issued for the beneficiary. IOM can then make travel arrangements. Therefore, the parties believe good

cause exists to continue the stay in these proceedings to save the parties from spending unnecessary time and judicial resources on this matter. Accordingly, the parties jointly stipulate and request that the Court stay these proceedings for forty-five days. The parties will submit a joint status report on or before December 16, 2022. Dated: October 28, 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 Attorneys for Defendants

s/Jane Marie O’Sullivan WSBA#34486 O’Sullivan Law Office 2417 Pacific Avenue SE, 2nd Floor Olympia, Washington 98501 Phone: 206-340-9980 Email: jane@osullivanlawoffice.com Attorney for Plaintiffs

[PROPOSED] ORDER The parties having stipulated and agreed, it is hereby so ORDERED. The parties shall file a joint status report on or before December 16, 2022.

DATED this 31st day of October, 2022.

A Tana Lin United States District Judge