Filed: Jan. 29, 2019
Latest Update: Jan. 29, 2019
Summary: STIPULATION AND ORDER TO CONTINUE SCHEDULING CONFERENCE DUE TO LAPSE IN APPROPRIATIONS BARBARA A. McAULIFFE , Magistrate Judge . STIPULATION AND ORDER IT IS HEREBY STIPULATED, by and between the parties and subject to Court approval, that the Scheduling Conference set in this action for February 7, 2019, be continued to March 7, 2019. The reasons for this stipulation are as follows: 1. At the end of the day on December 21, 2018, the appropriations act that had been funding the Department
Summary: STIPULATION AND ORDER TO CONTINUE SCHEDULING CONFERENCE DUE TO LAPSE IN APPROPRIATIONS BARBARA A. McAULIFFE , Magistrate Judge . STIPULATION AND ORDER IT IS HEREBY STIPULATED, by and between the parties and subject to Court approval, that the Scheduling Conference set in this action for February 7, 2019, be continued to March 7, 2019. The reasons for this stipulation are as follows: 1. At the end of the day on December 21, 2018, the appropriations act that had been funding the Department ..
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STIPULATION AND ORDER TO CONTINUE SCHEDULING CONFERENCE DUE TO LAPSE IN APPROPRIATIONS
BARBARA A. McAULIFFE, Magistrate Judge.
STIPULATION AND ORDER
IT IS HEREBY STIPULATED, by and between the parties and subject to Court approval, that the Scheduling Conference set in this action for February 7, 2019, be continued to March 7, 2019. The reasons for this stipulation are as follows:
1. At the end of the day on December 21, 2018, the appropriations act that had been funding the Department of Justice expired and appropriations to the Department lapsed. The Department does not know when funding will be restored.
2. Absent an appropriation, Department of Justice attorneys and employees of the federal defendant are prohibited from working, 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. That exception is not deemed to include most civil cases. Indeed, the undersigned Assistant United States Attorney is furloughed until appropriations to the Department of Justice are restored.
3. Due to the foregoing lapse in appropriates and the effects thereof, to date the parties have been unable to meaningfully meet and confer regarding discovery and the other matters outlined in the Court's Order Setting Mandatory Scheduling Conference, and it appears unlikely that they will be able to file a proper Joint Scheduling Report on or before January 31, 2019, for the Scheduling Conference currently set for February 7, 2019.
4. Accordingly, for the foregoing reasons, the parties respectfully request that the Scheduling Conference be continued from February 7, 2019, to March 7, 2019.
ORDER
Pursuant to the parties' stipulation and to allow the parties to meet following the prolonged shutdown, good cause appearing, the Scheduling Conference currently set for February 7, 2019, is HEREBY CONTINUED to March 7, 2019, at 8:30 AM in Courtroom 8 (BAM) before Magistrate Judge Barbara A. McAuliffe. The parties SHALL file a Joint Scheduling Report one (1) week prior to the conference. The parties are encouraged to appear at the conference by telephone with each party using the following dial-in number and access code: dial-in number 1-877-9748; access code 3190866.
IT IS SO ORDERED.
