Chesapeake Climate Action Network et al v. Export-Import Bank of the United States et al

Filing 24

ORDER GRANTING MOTION TO STAY by Hon. William Alsup granting 23 Motion to Stay.(whalc3, COURT STAFF) (Filed on 10/7/2013)

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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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Plaintiffs,
v.

ORDER RE MOTION TO STAY

EXPORT IMPORT BANK, et al.
Defendants.
/

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No. C 13-03532 WHA

CHESAPEAKE CLIMATE, et al.

Acting Assistant Attorney General Robert Dreher, counsel for defendant, has filed an

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

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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 Dreher and Department of Justice Attorney Stacey Bosshardt have

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been furloughed due to the failure to adopt a federal budget, all proceedings in the instant action

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will be stayed effective immediately and said stay will last only so long as Attorneys Dreher and

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Bosshardt remain furloughed. Immediately upon resuming their duties, the stay will be lifted
and all deadlines shall apply subject only to a day-for-day extension to the number of days they

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were furloughed. Upon resuming their duties, Attorneys Dreher and Bosshardt shall advise the

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

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The scheduled motion hearing on defendant’s motion to transfer and case management

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conference are hereby VACATED. The motion hearing is re-scheduled for NOVEMBER 14, 2013,

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AT 8:00 A.M. in

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management conference is also rescheduled for NOVEMBER 14, 2013, AT 8:00 A.M.

anticipation that the current budget impasse will be resolved by then. The case

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IT IS SO ORDERED.

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Dated: September 7, 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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