Hernandez v. Commissioner of Social Security

Filing 20

ORDER signed by Magistrate Judge Kendall J. Newman on 10/2/2013 GRANTING 19 Motion to Stay. The stay of the action shall be automatically lifted when the lapse in appropriations has ended, without further order of the court. The Commissioner's cross-motion for summary judgment will be due within seven (7) days thereafter. In light of the extenuating circumstances, the court will entertain a stipulation for an additional extension of time, if necessary. (Zignago, K.)

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BENJAMIN B.WAGNER
United States Attorney
DONNA L. CALVERT
Acting Regional Chief Counsel, Region IX
Social Security Administration
CYNTHIA B. DE NARDI, CSBN 256770
Special Assistant United States Attorney
160 Spear Street, Suite 800
San Francisco, California 94105-2102
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Attorneys for Defendant

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
SACRAMENTO DIVISION

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SAMMIE D. HERNANDEZ,

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Plaintiff,

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v.

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CAROLYN W. COLVIN,
Acting Commissioner of Social Security,

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Defendant.

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Case No. 2:12-cv-2150-KJN
ORDER RE MOTION FOR A STAY OF
PROCEEDINGS IN LIGHT OF LAPSE OF
APPROPRIATIONS

The Acting Commissioner of Social Security hereby moves for a stay of proceedings in
the above-captioned case until Congress has restored appropriations.
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At the end of the day on September 30, 2013, the Appropriations Act that had

been funding the Department of Justice expired and appropriations to the Department lapsed.

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The same is true for most Executive agencies, including the Social Security Administration. The
Department does not know when funding will be restored by Congress.

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Order re Motion for a Stay of Proceedings, 2:12-cv-2150-KJN

2.

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

Social Security Administration are prohibited from working, even on a voluntary basis, except in
very limited circumstances, including “emergencies involving the safety of human life or the

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protection of property.” 31 U.S.C. § 1342.
3.

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Undersigned counsel therefore requests a stay of proceedings until Congress has

restored appropriations to both the Department of Justice and the Social Security Administration.

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4.

If this motion for a stay is granted, the Government requests that, when Congress

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has appropriated funds for the Department of Justice and the Social Security Administration, all
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current deadlines for the parties be extended commensurate with the duration of the lapse in
appropriations.

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5.

Opposing counsel has authorized the undersigned counsel to state that there is no

objection to this motion.

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Therefore, although we greatly regret any disruption caused to the Court and the other

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litigants, the Acting Commissioner of Social Security hereby moves for a stay of proceedings in
this case until Department of Justice and Social Security Administration attorneys are permitted
to resume their usual civil litigation functions.
Respectfully submitted,

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Date: October 1, 2013

BENJAMIN B. WAGNER
United States Attorney
DONNA L. CALVERT
Acting Regional Chief Counsel, Region IX
Social Security Administration

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By:
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/s/ Cynthia B. De Nardi
CYNTHIA B. DE NARDI
Special Assistant United States Attorney

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Order re Motion for a Stay of Proceedings, 2:12-cv-2150-KJN

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ORDER

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APPROVED AND SO ORDERED. The stay of the action shall be automatically lifted when the

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lapse in appropriations has ended, without further order of the court. The Commissioner’s cross-

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motion for summary judgment will be due within seven (7) days thereafter. In light of the

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extenuating circumstances, the court will entertain a stipulation for an additional extension of

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time, if necessary.

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Dated: October 2, 2013

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Order re Motion for a Stay of Proceedings, 2:12-cv-2150-KJN