Johana Martinez v. Enderton et al

Filing 68

STIPULATION TO EXTEND DEADLINE TO FILE PRE-TRIAL CONFERENCE STATEMENT AND TO CONTINUE PRE-TRIAL CONFERENCE; ORDER signed by Chief Judge Lawrence J. O'Neill on January 15, 2019. (Munoz, I)

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McGREGOR W. SCOTT
United States Attorney
JEFFREY J. LODGE
Assistant United States Attorney
2500 Tulare Street, Suite 4401
Fresno, California 93721
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]

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Attorneys for the United States

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JOHANA MARTINEZ,

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Plaintiff,

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v.

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UNITED STATES OF AMERICA,

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Defendant.

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Case No. 1:16-cv-01556 LJO-SKO
STIPULATION TO EXTEND
DEADLINE TO FILE PRE-TRIAL
CONFERENCE STATEMENT AND
TO CONTINUE PRE-TRIAL
CONFERENCE; ORDER

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Plaintiff Johana Martinez (“Plaintiff”) and Defendant United States (“Defendant”),

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(collectively “the parties”), stipulate, by and through their undersigned counsel, and request that the

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deadline to file the pre-trial conference statement be continued from January 30, 2019, to February

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20, 2019, and that the pre-trial conference be continued accordingly based on the following:

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At the end of the day on December 21, 2018, the appropriations act that had been funding the

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Department of Justice expired and appropriations to the Department lapsed. The Department does

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not know when funding will be restored.

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

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appellant are prohibited from working, even on a voluntary basis, except in very limited

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circumstances, including “emergencies involving the safety of human life or the protection of

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STIPULATION TO EXTEND DEADLINE TO FILE PRE-TRIAL CONFERENCE STATEMENT AND TO CONTINUE PRE-TRIAL CONFERENCE;
[PROPOSED] ORDER
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property.” 31 U.S.C. § 1342. That exception is not deemed to include most civil cases. Indeed, the

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undersigned Assistant U.S. Attorney is furloughed until appropriations to the Justice Department are

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restored.

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Undersigned counsel therefore requests a continuance of approximately three weeks until

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Congress has restored appropriations to the Department. If this request is granted, undersigned

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counsel will notify the Court promptly after Congress has appropriated funds for the Department, and

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will propose rescheduling as appropriate.

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For these reasons, the parties request that the court continue the deadline to file the pre-trial
conference statement from January 30, 2019, to February 20, 2019, and continue the pre-trial
conference from February 6, 2019, to February 28, 2019, or as soon thereafter as possible.
Respectfully submitted,

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Dated: January 14, 2019

McGREGOR W. SCOTT
United States Attorney

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By:

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Dated: January 14, 2019

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/s/Ari Friedman
Ari Friedman
Attorneys for Plaintiff

ORDER

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ROBINS CLOUD LLP
By:

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/s/Jeffrey J. Lodge
JEFFREY J. LODGE
Assistant U.S. Attorney
Attorneys for the United States

The deadline to file the pre-trial conference statement is February 20, 2019, and the pre-trial
conference be continued to February 28, 2019 at 8:15 a.m..

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IT IS SO ORDERED.
Dated:

January 15, 2019

/s/ Lawrence J. O’Neill _____
UNITED STATES CHIEF DISTRICT JUDGE

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STIPULATION TO EXTEND DEADLINE TO FILE PRE-TRIAL CONFERENCE STATEMENT AND TO CONTINUE PRE-TRIAL CONFERENCE;
[PROPOSED] ORDER
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