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Baker Ranches, Inc. v. Zinke, 3:18-cv-261-RCJ-VPC. (2019)

Court: District Court, D. Nevada Number: infdco20190111800 Visitors: 11
Filed: Jan. 07, 2019
Latest Update: Jan. 07, 2019
Summary: ORDER UNOPPOSED MOTION FOR A STAY OF ALL DEADLINES IN LIGHT OF LAPSE OF APPROPRIATIONS CARLA BALDWIN CARRY , Magistrate Judge . The United States of America, on behalf of all Defendants, hereby moves for a stay of all deadlines in the above-captioned case, including the upcoming case management report (January 9) and case management conference (January 15). 1. At the end of the day on December 21, 2018, the appropriations act that had been funding the Department of Justice expired and app
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ORDER

UNOPPOSED MOTION FOR A STAY OF ALL DEADLINES IN LIGHT OF LAPSE OF APPROPRIATIONS

The United States of America, on behalf of all Defendants, hereby moves for a stay of all deadlines in the above-captioned case, including the upcoming case management report (January 9) and case management conference (January 15).

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 same is true for several other Executive agencies, including the Defendants in this case. The Department does not know when funding will be restored by Congress.

2. Absent an appropriation, Department of Justice attorneys 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.

3. Undersigned counsel for the Department of Justice therefore requests a stay of all deadlines in the above-captioned case, including the upcoming case management report (January 9) and case management conference (January 15), until Congress has restored appropriations to the Department.

4. If this motion for a stay is granted, undersigned counsel will notify the Court as soon as Congress has appropriated funds for the Department. The Government requests that, at that point, all current deadlines for the parties be extended commensurate with the duration of the lapse in appropriations.

5. Opposing counsel has authorized counsel for the Government to state that the Plaintiffs have no objection to this motion.

Therefore, although we greatly regret any disruption caused to the Court and the other litigants, the Government hereby moves for a stay of all deadlines in this case until Department of Justice attorneys are permitted to resume their usual civil litigation functions.

IT IS SO ORDERED.

Source:  Leagle

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