Kilker et al v. Apple Inc.

Filing 17

NOTICE REGARDING FACTORS TO BE EVALUATED FOR ANY PROPOSED CLASS SETTLEMENT. Signed by Judge Alsup on 10/3/2013. (whalc3, COURT STAFF) (Filed on 10/3/2013)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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MICHAEL LEONARD FIDLER,

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For the Northern District of California

United States District Court

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No. C 13-00437 WHA

Plaintiff,
v.

ORDER RE MOTION TO STAY

MICHAEL ASTRUE,
Defendant.
/
Special Assistant United States Attorney Geralyn Gulseth, counsel for defendant, has

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

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attorneys and employees of the federal Defendant are prohibited from working, even on a

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voluntary basis” during the current government shutdown. 31 U.S.C. 1342.

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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 Gulseth has been furloughed due to the failure to adopt a federal

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

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will last only so long as Attorney Gulseth remains furloughed. Immediately upon her resuming

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her duties, then stay will be lifted and all deadlines shall apply subject only to a day-for-day

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extension to the number of days she was furloughed. Upon resuming her duties, Attorney

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Gulseth shall advise the Court that the stay has been lifted and provide a calculation of the

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extended deadlines for defendant’s answer to plaintiff’s motion for summary judgment and

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plaintiff’s reply.

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IT IS SO ORDERED.

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Dated: October 3, 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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