STIPULATED REQUEST FOR ORDER CHANGING DATE OF MOTION HEARING

HAYWOOD S. GILLIAM, Jr., District Judge.

Pursuant to Local Rule 6-3, Plaintiff Gloria Plascencia-de Haro ("Plascencia") and Defendants Eric H. Holder, Jr., et al. ("Defendants," and with Plascencia, the "Parties") file this stipulated request for the Court to change the date of the hearing on Defendants' Motion to Dismiss and for Partial Summary Judgment (ECF No. 22) from August 20, 2015, to September 3, 2015. In support of this Stipulation, and as set forth in the accompanying declaration of Hans H. Chen, the Parties state as follows:

This is an immigration case arising under the Administrative Procedure Act, 5 U.S.C. § 701, in which Plaintiff challenges the denial by United States Citizenship and Immigration Services of Plaintiff's application for adjustment of status to permanent residence. Plaintiff also seeks to enjoin United States Immigration and Customs Enforcement from removing Plaintiff pursuant to an order of voluntary departure issued in 1994.

On April 2, 2015, Defendants filed a Motion to Dismiss for Lack of Jurisdiction and for Partial Summary Judgment and noticed the hearing for June 4, 2015. (ECF No. 22.)

Pursuant to Local Rule 7-3(a), Plaintiff filed her opposition to the Motion to Dismiss on April 16, 2015. (ECF No. 23.) In her opposition, Plaintiff noted that she would file her opposition to the Motion for Partial Summary Judgment by May 4, 2015, pursuant to the summary judgment deadlines established in the Court's July 7, 2014, Immigration Mandamus Case Procedural Order. (ECF No. 5.)

On May 4, 2015, before filing her summary judgment response, Plaintiff filed a Motion to Stay Proceedings Pending a Decision in Texas, at al. v. United States. (ECF No. 26.) Defendants opposed that motion and cross-moved for a continuance of the June 4, 2015, hearing on Defendants' Motion to Dismiss and for Partial Summary Judgment. (ECF No. 31.)

On May 22, 2015, the Court directed Plaintiff to respond to Defendants' Motion for Partial Summary Judgment by June 4, 2015, vacated the June 4, 2015, hearing date on Defendants' Motion to Dismiss and for Partial Summary Judgment, and noted that it would determine whether to set a hearing on Plaintiff's Motion to Stay Proceedings and on Defendants' Motion to Dismiss and for Partial Summary Judgment after briefing was complete. (ECF Nos. 32, 33.)

With no hearing date set on Defendants' Motion to Dismiss and for Partial Summary Judgment, counsel for Defendants made plans for out-of-town travel with family on August 19, 2015, and for the week following.

On August 10, 2015, the Court set a hearing on Defendant's Motion to Dismiss and for Partial Summary Judgment for August 20, 2015, at 2:00 p.m.1

As noted above, counsel for Defendants has personal travel plans that conflict with the hearing date that the Court set on August 10, 2015. In light of that conflict, Defendants seek a change in time in the hearing date to September 3, 2015.

In an email dated August 10, 2015, counsel for Plaintiff stated that Plaintiff would stipulate to a request to change the date of the hearing on Defendant's Motion to Dismiss and for Partial Summary Judgment from August 20, 2015, to September 3, 2015. Undersigned counsel for Defendants attests he has on file all holographic signatures corresponding to any signatures indicated by a conformed signature ("/s/") within this Stipulated Request.

In addition to the Plaintiff's Motion to Stay Proceedings and Defendants' Cross-Motion to continue the June 4, 2015, hearing date, previous time modifications in this case consist of the following:

On September 25, 2014, the parties stipulated to extend the time for Defendants to answer or otherwise respond to the Complaint so that Plaintiff could file an amended complaint to account for additional administrative action that had occurred since the filing of her original complaint. (ECF No. 10.) On September 29, 2014, the Court endorsed the stipulation. (ECF No. 11.)

On March 2, 2015, the Court granted in part and denied in part Defendants' February 26, 2015, unopposed motion to extend their February 26, 2015, deadline to file their motion for summary judgment until and including April 27, 2015. (ECF No. 18.) The Court's March 2, 2015, order granted Defendants until and including March 19, 2015, to file their motion for summary judgment. (ECF No. 19.)

On March 20, 2015, Defendants filed a second unopposed motion to extend their time to file their motion for summary judgment (ECF No. 20.) On March 20, 2015, the Court granted Defendants the motion and granted Defendants until and including April 2, 2015, to file their motion for summary judgment. (ECF No. 21.)

Other than delay by two weeks the hearing on Defendants' Motion to Dismiss and for Partial Summary Judgment, this requested time modification will have no effect on the schedule for the case.

Thus, for good cause shown, Defendants stipulate and request that the Court change the date of the hearing on Defendants' Motion to Dismiss and for Partial Summary Judgment from August 20, 2015, until September 3, 2015.

PURSUANT TO STIPULATION, IT IS SO ORDERED.