Stupak v. Jaddou ( 2023 )

1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 VIKTORIIA MIKHAYLOVNA STUPAK, CASE NO. 1:23-CV-01199-ADA-HBK 12 Plaintiff, AMENDED1 ORDER GRANTING MOTION TO STAY ACTION 13 v. (Doc. No. 6). 14 UR MENDOZA JADDOU, ET AL., CLERK TO LIFT STAY ON DECEMBER 6, 2024 15 Defendants. 16 17 18 Pending before the is the Parties’ joint stipulated motion requesting a stay of this action through 19 December 6, 2024. (Doc. No. 6). Plaintiff alleges that U.S. Citizenship and Immigration Services 20 (“USCIS”) has unreasonably delayed adjudicating his pending asylum application, which he filed in 21 May 2017. USCIS has scheduled an interview on Plaintiff’s asylum application for August 8, 2024. 22 Thus, the Parties anticipate that this lawsuit will be rendered moot once USCIS completes its 23 adjudication of Plaintiff’s application, which USCIS will endeavor to do so within 120 days of the 24 completion of the interview. 25 The court is vested with broad discretion to stay a case. Clinton v. Jones, 520 U.S. 681, 705 26 (1997) (citing Landis v. North American Co., 299 U.S. 248, 254 (1936)). The “party requesting a stay 27 1 Amended to correct scrivener error as to year for expiration of stay. 28 1 || bears the burden of showing that the circumstances justify an exercise of that discretion.” Nken v. 2 || Holder, 556 U.S. 418, 433-34 (2009). As a rule, “stays should not be indefinite in nature.” Dependable 3 || Highway Exp., Inc. v. Navigators Ins. Co., 498 F.3d 1059, 1066-67 (9th Cir. 2007). Ifa stay is 4 || especially long or indefinite, a greater showing is required to justify it and the court must “balance the 5 || length of any stay against the strength of the justification given for it.” Yong v. LN.S., 208 F.3d 1116, 6 |} 1119 (9th Cir. 2000). The Court finds in its discretion that a stay of this action is appropriate and will 7 || stay this action pending USCIS completion and adjudication of Plaintiff's application. 8 Accordingly, it is ORDERED: 9 1. The Parties’ joint stipulated motion to stay (Doc. No. 6) is GRANTED to the extent the Court 10 STAYS this action and vacates all other filing and case management deadlines, including the 11 initial scheduling conference, currently set for November 16, 2023. 12 2. The Clerk of Court shall automatically LIFT the STAY on December 6, 2024. 13 3. Should this matter become moot, Plaintiff shall promptly file a Rule 41 notice. 14 |! Dated: __ September 26, 2023 Wiha Th fares Zack 16 HELENA M. BARCH-KUCHTA 4 UNITED STATES MAGISTRATE JUDGE 18 19 20 21 22 23 24 25 26 27 28