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Dumitrascuta v. Heinauer

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


February 9, 2009

GELU DUMITRASCUTA, ET AL., PLAINTIFF,
v.
GERARD HEINAUER, ET AL., DEFENDANTS.

THIRD JOINT STIPULATION AND ORDER RE: EXTENSION OF TIME IN WHICH TO FILE ANSWER TO THE COMPLAINT

Plaintiffs Gelu Dumitrascuta, Dorina Dumitrascuta, Samuel Dumitrascuta, and Daniel Dumitrascuta ("Plaintiffs") seek mandamus relief and bring suit under the Administrative Procedures Act to compel the adjudication of their pending applications for adjustment of status by U.S. Citizenship and Immigration Services. The parties have previously stipulated to two previous extensions of time for the government to file its answer to the complaint, until February 22, 2009. As indicated in the previous stipulations to extensions of time, plaintiffs are in the process of submitting necessary documents to U.S. Citizenship and Immigration Services, and adjudication is not possible without the submission of those documents. A hearing in a related criminal matter is scheduled for the month of February, and it is anticipated that administrative adjudication will be possible at the conclusion of that criminal proceeding. In the anticipation that the matter will then be resolved at the administrative level, the parties now agree to a third extension of time, until June 22, 2009.

Respectfully submitted,

Dated: February 4, 2009

LAWRENCE BROWN Acting United States Attorney By: AUDREY B. HEMESATH Assistant U.S. Attorney Attorneys for Defendants

By: KATHERINE MARGARET LEWIS Attorney for Plaintiffs

ORDER

Pursuant to this Joint Stipulation and for the reasons stated therein, IT IS HEREBY ORDERED that the time for the government to answer the complaint is extended to June 22, 2009.

IT IS SO ORDERED.

20090209

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