Heine et al v. Vilsack et al

Filing 30

ORDER GRANTING the federal defendants' request for an extension of time to file a responsive pleading to the second amended complaint, document 29 , with said response due on/or before 10/29/2013. Order signed by Magistrate Judge Sandra M. Snyder on 10/16/2013. (Rooney, M)

1 BENJAMIN B. WAGNER
United States Attorney
2 Benjamin E. Hall
Assistant United States Attorney
3 501 I Street, Suite 10-100
Sacramento, California 95814
4 Telephone: [phone]
5 Attorneys for Defendant
United States of America
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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DAVID SHAYNE HEINE, CALIFORNIA
VEAL TECH, INC. A CALIFORNIA
CORPORATION,
Plaintiffs,

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v.

Case No. 1:12-CV-01992-AWI-SMS
FEDERAL DEFENDANTS’ MOTION FOR AN
EXTENSION OF TIME TO RESPOND TO
PLAINTIFFS’ SECOND AMENDED COMPLAINT
IN LIGHT OF LAPSE OF APPROPRIATIONS and
ORDER THEREON

TIM VILSACK IN HIS OFFICIAL
CAPACITY AS UNITED STATES
SECRETARY OF AGRICULTURE, UNITED
STATES DEPARTMENT OF
AGRICULTURE, UNITED STATES
DEPARTMENT OF AGRICULTURE FOOD
SAFETY AND INSPECTIONS SERVICE,
YUDHBIR SHARMA, DVM, USDA
EMPLOYEE KNOWN ONLY AS “DR.
PANNU,” USDA EMPLOYEE KNOWN
ONLY AS “KEN,”USDA EMPLOYEE
KNOWN ONLY AS “DR. REDDING,” USDA
EMPLOYEE KNOWN ONLY AS “DR.
HENLEY,” DR. AMY LIEDER, PENNY
PATRALI AND DOES 1-100 INCLUSIVE,,
Defendants

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The Federal Defendants hereby move for an extension of time to respond to Plaintiffs’ Second
Amended Complaint in the above-captioned case, to and until October 29, 2013 for the reasons set forth
below. The Federal Defendants response is currently due to be filed on or before October 15, 2013.
[Order approving stipulation of parties to extend time to October 15, 2013, Doc. 28]

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Defendant USA’s Motion for Extension of Time to Respond
to Second Amended Complaint and [Proposed] Order

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1.

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At the end of the day on September 30, 2013, the appropriations act that had been

2 funding the Department of Justice expired and appropriations to the Department lapsed. The same is
3 true for most Executive agencies, including the United States Department of Agriculture, whose
4 employees’ acts are at issue in this action. The Department of Justice does not know when funding will
5 be restored by Congress.
2.

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Absent an appropriation, Department of Justice attorneys and employees of the United

7 States Department of Agriculture are prohibited from working, even on a voluntary basis, except in very
8 limited circumstances, including “emergencies involving the safety of human life or the protection of
9 property.” 31 U.S.C. § 1342. That exception is not deemed to include most civil cases. Indeed, the
10 undersigned Assistant U.S. Attorney is furloughed and has been out of the office since October 1, 2013.
3.

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Undersigned counsel for the Federal Defendants therefore requests an extension of time

12 to and until October 29, 2013, within which to respond to the Second Amended Complaint.
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Respectfully submitted,

15 DATED: October 16, 2013

BENJAMIN B. WAGNER
United States Attorney

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/s/ Benjamin E. Hall

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BENJAMIN E. HALL
Assistant United States Attorney

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Attorneys for the Federal Defendants

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ORDER

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Dated:

October 16, 2013

/s/ Sandra M. Snyder
UNITED STATES MAGISTRATE JUDGE

DEAC_Signature-END:

28 icido34h
Defendant USA’s Motion for Extension of Time to Respond
to Second Amended Complaint and [Proposed] Order

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