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

Court: District Court, D. Washington Number: infdco20190424e19 Visitors: 12
Filed: Apr. 23, 2019
Latest Update: Apr. 23, 2019
Summary: JOINT STIPULATION AND ORDER REGARDING BRIEFING SCHEDULE FOR DEFENDANTS' FORTH COMING MOTION TO VACATE 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 below briefing schedule for Defendants' forthcoming motion to vacate the preliminary injunction, and also jointly move the Court for an Order staying the enforcement of the preliminary injunction unt
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JOINT STIPULATION AND ORDER REGARDING BRIEFING SCHEDULE FOR DEFENDANTS' FORTH COMING MOTION TO VACATE

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 below briefing schedule for Defendants' forthcoming motion to vacate the preliminary injunction, and also jointly move the Court for an Order staying the enforcement of the preliminary injunction until May 31, 2019.

Defendants will be moving to vacate this Court's April 5, 2019, preliminary injunction in light of the Attorney General's decision in Matter of M-S-, 27 I&N Dec. 509 (A.G. 2019), which overruled Matter of X-K-, 23 I&N Dec. 731 (BIA 2005). In order to resolve the impact of this decision on the preliminary injunction as expeditiously as possible, the parties have met and conferred and agreed upon the following briefing schedule.

April 26, 2019: Deadline for Defendants' Motion to Vacate May 10, 2019: Deadline for Plaintiffs' Opposition to Defendants' Motion to Vacate May 15, 2019: Deadline for Defendants' reply in support of their Motion to Vacate

Given the complex issues that the parties anticipate briefing, the parties also stipulate to a page limit of 24 pages for Defendants' Motion and Plaintiffs' Opposition, and 12 pages for Defendants' reply.

The parties also stipulate to a stay of the enforcement of the preliminary injunction until May 31, 2019, in order to resolve the impact of Matter of M-S- before the injunction goes into effect. To that effect, the parties respectfully request that this Court rule on the Motion to Vacate on or by May 31, 2019.1

ORDER

Based on the foregoing stipulation of the parties, IT IS SO ORDERED. The following deadlines govern Defendants' forthcoming Motion to Vacate:

April 26, 2019: Deadline for Defendants' Motion to Vacate May 10, 2019: Deadline for Plaintiffs' Opposition to Defendants' Motion to Vacate May 15, 2019: Deadline for Defendants' reply in support of their Motion to Vacate

Compliance with the Preliminary Injunction entered on April 5, 2019, is hereby STAYED until May 31, 2019.

FootNotes


1. Defendants reserve the right to move for an emergency stay if the Court has not ruled on the Motion to Vacate.
Source:  Leagle

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