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Padilla v. U.S. Immigration and Customs Enforcement, 2:18-cv-928 MJP. (2019)

Court: District Court, D. Washington Number: infdco20190521f89 Visitors: 4
Filed: May 20, 2019
Latest Update: May 20, 2019
Summary: JOINT STIPULATION AND ORDER GRANTING LEAVE TO PLAINTIFFS TO FILE A THIRD AMENDED COMPLAINT, EXTENDING THE TIME FOR IMPLEMENTING THE PRELIMINARY INJUNCTION ISSUED BY THIS COURT, STAYING DISCOVERY, AND SETTING A BRIEFING SCHEDULE FOR FORTHCOMING MOTIONS MARSHA J. PECHMAN , Senior District Judge . Pursuant to Local Civil Rules 7(d)(1) and 10(g), Plaintiffs and Defendants hereby stipulate and jointly move the Court for an Order setting forth the following: 1. Plaintiffs' Motion for Leave to Am
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JOINT STIPULATION AND ORDER GRANTING LEAVE TO PLAINTIFFS TO FILE A THIRD AMENDED COMPLAINT, EXTENDING THE TIME FOR IMPLEMENTING THE PRELIMINARY INJUNCTION ISSUED BY THIS COURT, STAYING DISCOVERY, AND SETTING A BRIEFING SCHEDULE FOR FORTHCOMING MOTIONS

Pursuant to Local Civil Rules 7(d)(1) and 10(g), Plaintiffs and Defendants hereby stipulate and jointly move the Court for an Order setting forth the following:

1. Plaintiffs' Motion for Leave to Amend the Complaint (Dkt. 116) is granted. 2. Enforcement of the preliminary injunction entered on April 5 (Dkt. 110) ("Order") is further stayed until July 1, 2019, while the Court adjudicates Defendants' currently-pending motion to vacate the Order (Dkt. 114) and Plaintiffs' forthcoming cross-motion to modify the Order. 3. Defendants' deadline to file a Notice of Appeal with respect to the Order is extended from June 4, 2019 to July 5, 2019, to allow the Court to adjudicate Defendants' currently-pending motion to vacate the Order (Dkt. 114) and Plaintiffs' forthcoming cross-motion to modify the Order. See Federal Rule of Appellate Procedure 4(a)(5)(C) ("The district court may extend the time to file a notice of appeal [by] 30 days after the prescribed time."). 4. Discovery is stayed pending consideration of the parties' forthcoming motions. 5. Defendants will continue to schedule bond hearings pursuant to Matter of X-K- until the date Matter of M-S- is scheduled to go into effect.1 6. The following briefing schedule governs Plaintiffs' forthcoming cross-motion to modify the Order and Defendants' motion to dismiss Plaintiffs' Third Amended Complaint: a. Plaintiffs file their cross-motion to modify the Order on or before May 28, 2019. b. Defendants file their opposition to Plaintiffs' cross-motion to modify the Order on or before June 10, 2019. c. Plaintiffs file their reply in support of their cross-motion to modify the Order on or before June 14, 2019. d. Defendants file their motion to dismiss the Third Amended Complaint on or before June 3, 2019. e. Plaintiffs file their opposition to Defendants' motion to dismiss the Third Amended Complaint on or before June 17, 2019. f. Defendants file their reply in support of their motion to dismiss the Third Amended Complaint on or before June 21, 2019.

Given the complex issues that the parties anticipate briefing, the parties also stipulate to a page limit of 24 pages for both parties' motions and oppositions, and 12 pages for both parties' replies.

ORDER

Based on the foregoing stipulation of the parties, IT IS SO ORDERED that:

1. Plaintiffs' Motion for Leave to Amend the Complaint (Dkt. 116) is granted. 2. Enforcement of the preliminary injunction entered on April 5 (Dkt. 110) is further stayed until July 1, 2019. 3. Defendants' deadline to file a Notice of Appeal with respect to the Order granting Plaintiffs' motion for a preliminary injunction is extended from June 4, 2019 to July 5, 2019. 4. Discovery is stayed pending consideration of the parties' forthcoming motions. 5. Defendants will continue to schedule bond hearings pursuant to Matter of X-K- until the date Matter of M-S- is scheduled to go into effect. 6. The following briefing schedule governs Plaintiffs' forthcoming cross-motion to modify the Order granting Plaintiffs' motion for a preliminary injunction and Defendants' motion to dismiss Plaintiffs' Third Amended Complaint: a. Plaintiffs file their cross-motion to modify the Order granting Plaintiffs' motion for a preliminary injunction on or before May 28, 2019. b. Defendants file their opposition to Plaintiffs' cross-motion to modify the Order granting Plaintiffs' motion for a preliminary injunction on or before June 10, 2019. c. Plaintiffs file their reply in support of their cross-motion to modify the Order granting Plaintiffs' motion preliminary injunction on or before June 14, 2019. d. Defendants file their motion to dismiss the Third Amended Complaint on or before June 3, 2019. e. Plaintiffs file their opposition to Defendants' motion to dismiss the Third Amended Complaint on or before June 17, 2019. f. Defendants file their reply in support of their motion to dismiss the Third Amended Complaint on or before June 21, 2019.

FootNotes


1. The "effective date" of Matter of M-S- is "90 days" from April 16—July 15, 2019. Dkt. 114-1 at 12 n.8.
Source:  Leagle

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