Cha v. Commissioner of Social Security

Filing 20

ORDER signed by Magistrate Judge Carolyn K. Delaney on 10/2/13 ORDERING that the Commissioner of Social Security's Motion to Stay 19 is GRANTED; CASE STAYED. Case Management Deadline: 4/3/2014. (Mena-Sanchez, L)

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BENJAMIN B. WAGNER
United States Attorney
DONNA L. CALVERT
Acting Regional Chief Counsel, Region IX
Social Security Administration
JEFFREY CHEN, SBN 260516
Special Assistant United States Attorney
160 Spear Street, Suite 800
San Francisco, California 94105
Telephone: [phone]
Facsimile: [phone]
E-Mail: [e-mail]

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Attorneys for Defendant
UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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MEE CHA,
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Plaintiff,
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vs.
CAROLYN W. COLVIN,
Acting Commissioner of Social Security,
Defendant.

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Case No.: 13-CV-00179-CKD
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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1.

At the end of the day on September 30, 2013, the Appropriations Act that had

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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

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Department does not know when funding will be restored by Congress.

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2.

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

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Social Security Administration are prohibited from working, even on a voluntary basis, except in

Motion for a Stay of Proceedings; 13-CV-00179-CKD

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very limited circumstances, including “emergencies involving the safety of human life or the
protection of property.” 31 U.S.C. § 1342.
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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

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appropriations.

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5.

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

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objection to this motion.
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

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this case until Department of Justice and Social Security Administration attorneys are permitted

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to resume their usual civil litigation functions.

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Respectfully submitted,

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Dated: 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/ Jeffrey Chen
JEFFREY CHEN
Special Assistant U.S. Attorney
Attorneys for Defendant

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Motion for a Stay of Proceedings; 13-CV-00179-CKD

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ORDER

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APPROVED AND SO ORDERED: The stay entered herein shall be lifted upon restoration of

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appropriations without further order of the court.

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Dated: October 2, 2013

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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Motion for a Stay of Proceedings; 13-CV-00179-CKD

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