Bestha v. U.S., 3:18-CV-00506-RJC-DSC. (2019)
Court: District Court, W.D. North Carolina
Number: infdco20190110c48
Visitors: 32
Filed: Jan. 09, 2019
Latest Update: Jan. 09, 2019
Summary: ORDER DAVID S. CAYER , Magistrate Judge . THIS MATTER is before the Court on the Federal Defendants' "Motion for a Stay of Case in Light of Lapse of Appropriations" (document #11). Plaintiff opposes a stay but consents to a two-week extension of the deadline for Federal Defendants to file their reply brief in support of their Motion to Dismiss (document #9). Absent an appropriation, United States Department of Justice attorneys are prohibited from working on civil litigation, even on a v
Summary: ORDER DAVID S. CAYER , Magistrate Judge . THIS MATTER is before the Court on the Federal Defendants' "Motion for a Stay of Case in Light of Lapse of Appropriations" (document #11). Plaintiff opposes a stay but consents to a two-week extension of the deadline for Federal Defendants to file their reply brief in support of their Motion to Dismiss (document #9). Absent an appropriation, United States Department of Justice attorneys are prohibited from working on civil litigation, even on a vo..
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ORDER
DAVID S. CAYER, Magistrate Judge.
THIS MATTER is before the Court on the Federal Defendants' "Motion for a Stay of Case in Light of Lapse of Appropriations" (document #11). Plaintiff opposes a stay but consents to a two-week extension of the deadline for Federal Defendants to file their reply brief in support of their Motion to Dismiss (document #9).
Absent an appropriation, United States Department of Justice attorneys are prohibited from working on civil litigation, even on a voluntary basis, except in very limited circumstances, including "emergencies involving the safety of human life or the protection of property." 31 U.S.C. § 1342. For this reason, the Motion is GRANTED.
IT IS HEREBY ORDERED that the above-captioned case is STAYED until the Court receives notice from the United States that Congress has restored appropriations to the United States Department of Justice; and
FURTHER ORDERED that upon the lifting of this stay, Federal Defendants' deadline to file their reply shall be extended ten days from the date the stay is lifted.
SO ORDERED.
Source: Leagle
