Allums v. Colvin

Filing 14

ORDER RE MOTION FOR STAY by Hon. William Alsup granting 13 Motion to Stay.(whalc3, COURT STAFF) (Filed on 10/2/2013)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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For the Northern District of California

United States District Court

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No. C 13-01496 WHA

CRAIG LYNN ALLUMS,
Plaintiff,
v.

ORDER RE MOTION FOR STAY

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CAROLYN W. COLVIN,

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Defendant.
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Special Assistant United States Attorney Carolyn Chen, counsel for defendant, has filed

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an unopposed motion to stay the current proceedings because “Department of Justice attorneys

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and employees of the federal Defendant are prohibited from working, even on a voluntary basis”

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during the current government shutdown.

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As a general matter, no stays will be granted in criminal cases when a government

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attorney has been furloughed. In civil cases, a stay may be granted only in cases when the

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specific government attorney on the case has been furloughed.

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Because Attorney Chen has been furloughed due to the failure to adopt a federal budget,

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all proceedings in the instant action will be stayed effective immediately and said stay will last

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only so long as Attorney Chen remains furloughed. Immediately upon her resuming her duties,

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then stay will be lifted and all deadlines shall apply subject only to a day-for-day extension to the
number of days she was furloughed. Upon resuming her duties, Attorney Chen shall advise the

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Court that the stay has been lifted and provide a calculation of the extended deadlines for

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defendant’s answer to plaintiff’s motion for summary judgment and plaintiff’s reply.

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IT IS SO ORDERED.

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Dated: October 2, 2013.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE

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For the Northern District of California

United States District Court

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