Jiang v. United States Citizenship and Immigration Services ( 2022 )

1 District Judge Marsha J. Pechman 2 3 4 5 6 7 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON 8 AT SEATTLE 9 FAN JIANG, No. 2:22-cv-1264-MJP 10 Plaintiff, STIPULATION AND ORDER FOR EXTENSION OF ANSWER DEADLINE 11 v. NOTED FOR CONSIDERATION: 12 UNITED STATES CITIZENSHIP AND DECEMBER 13, 2022 IMMIGRATION SERVICES, et al., 13 Defendants. 14 15 The parties, by and through their counsel of record, pursuant to Federal Rule of Civil 16 Procedure 6 and Local Rules 10(g) and 16, and hereby jointly stipulate and move for an extension 17 of the deadline for Defendants to respond to the Complaint. Currently, Defendants’ responsive 18 pleading to the Complaint is due on December 14, 2022. 19 A court may modify a deadline for good cause. Fed. R. Civ. P. 6(b). Continuing pretrial 20 and trial dates is within the discretion of the trial judge. See King v. State of California, 21 784 F.2d 910, 912 (9th Cir. 1986). 22 The parties submit there is good cause for an extension of the deadline. Plaintiff brought 23 this litigation pursuant to the Administrative Procedure Act and the Mandamus Act seeking an 24 order to compel U.S. Citizenship and Immigration Services (“USCIS”) to adjudicate Plaintiff’s 1 Form I-539, Application to Extend/Change Nonimmigrant Status, and Form I-765, Application 2 for Employment Authorization. USCIS recently adjudicated the application. However, Plaintiff 3 requires additional time to review the decision and determine the next steps. 4 Accordingly, the parties respectfully request that Defendants’ time to respond to the 5 Complaint be extended from December 14, 2022 to January 13, 2023. 6 7 Dated: December 13, 2022 Respectfully submitted, 8 NICHOLAS W. BROWN 9 United States Attorney 10 s/Michelle R. Lambert MICHELLE R. LAMBERT, NYS #4666657 11 Assistant United States Attorney United States Attorney’s Office 12 1201 Pacific Avenue, Suite 700 Tacoma, Washington 98402 13 Phone: 206-428-3824 Email: michelle.lambert@usdoj.gov 14 Attorney for Defendants 15 s/Ralph Hua 16 RALPH HUA WSBA #42189 Fisher & Phillips LLP 17 1700 7th Ave, Ste 2200 Seattle, WA 98101 18 Phone: (206) 247-7014 Email: rhua@fisherphillips.com 19 Attorney for Plaintiff 20 21 22 23 24 1 ORDER 2 3 The parties having so stipulated, the above is SO ORDERED. Defendants’ response to 4 the Complaint is due on or before January 13, 2023. 5 6 DATED this 15th day of December, 2022. 7 A 8 9 MARSHA J. PECHMAN 10 United States District Judge 11 12 13 14 15 16 17 18 19 20 21 22 23 24