Code Revision Commission et al v. Public.Resource.Org, Inc.

Filing 67

Administrative Order Staying Civil Proceedings in Light of Lapse Appropriations Signed by Chief Judge Thomas W. Thrash, Jr. on 12/26/2018. (dgr)

FILED IN CLERK'S OFHCE
U.S.D.C.-Atlanta

DEC 2 6 2018
JAMES N.HATTEN, Clerk

BM-1s-u^eputyCle*

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF GEORGIA
IN

RE:

)

)

STAY OF CIVIL PROCEEDINGS )

IN THE UNITED STATES ) ADMINISTRATWE ORDER NO.

DISTRICT COURT FOR THE )
NORTHERN DISTRICT OP )
GEORGIA IN LIGHT OF LAPSE )
OF APPROPRIATIONS )

)
ADMINISTRATIVE ORDER STAYING CIVIL PROCEEDINGS IN LIGHT

OF LAPSE OP APPROPRIATIONS
WHEREAS/ federal funding for certain functions of the United States of
America lapsed at midnight of December 21,2018,
WHEREAS/ since that time/ no appropriation bill or corttm-uing resolution
has been passed that would restore funding/ ,

WHEREAS/ attorneys and otiier employees of the Civil Division of the
United States Attorney's Office for the Northern District/ with limited exceptions/
are prohibited fcom worldng/ even on. a voluntary basis/ durmg the lapse of
funding/

WHEREAS employees of other federal agencies who may have matters
before the Court/ with limited exceptions/ also are prohibited from. workmg/ even
on a voluntary basis/ during the lapse of funding/

WHEREAS the United States of America/ on behalf of the United States/ its
federal agendes/ and its officers and employees/ has filed an emergency motion
for an administrate order staying all civil cases in which the United States/ its
federal agencies/ and its officers and employees are named parties or m which
the United States Attorney or any Assistant United States Attorney is counsel of
record based on the current lapse in appropriations/

FT IS HEREBY ORDERED that any and all civil cases pending in the
District Court of the Northern District of Georgia m which the United States/ any
of its federal agencies/ or any of its officers and/or employees is a named party/

including any such matter pending before a Magistrate Court Judge/ is HEKEBY
STAYED -until appropriations are restored.

It is FURTHER ORDERED that any and all civil cases pending m the
District Court of the Northern District of Georgia in which the United States
Attorney or any Assistant United States Attorney is counsel of record/ including

any such matter pending before a Magistrate Court Judge/ is HEREBY STAYED
until appropriations are restored.

It is FURTHER ORDERED that the United States Attorney's Office shall
notify the Court as soon as Congress has appropriated funds for the Department
or enacted another continuing resolution*

It is FURTHER ORDERED that at the point that appropriations are
restored/ aU deadlines in place as of the date of this Order shall automatically be
extended the number of calendar days of the partial government shutdown
without further order of the Court.

SO ORDERED dus ^^ day of December/ 2018.

^L^^ ^j^

THOMAS W. THRASH/ JR.

CHIEF JUDGE/ U.S. DISTOICT COURT

NORTHERN DISTRICT OP GEORGIA

FILED IN CLERK'S OFFICE
U.S.D.C.-Atlanta

DEC 2 6 2018
JAMES N, HATTEN, CferR

IN THE UNFTED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF GEORGIA

IN

RE:

)

)

STAY OF CIVIL PROCEEDINGS )
IN THE UNITED STATES )
DISTRICT COURT FOR THE )
NORTHERN DISTRICT OF
GEORGIA IN LIGHT OF LAPSE
OF APPROPRIATIONS )

)
E3MERGENCT MOTION FOR ADMINISTRATIVE ORDER STAYING CIVIL
LITIGATION IN LIGHT OF LAPSE OF APPROPRIATIONS AND
MEMORANDUM IN SUPPORT THEREOF
The United States of America/ by and through Byung J. Pak/ United States
Attorney for the Northern District of Georgia/ files this Emergency Motion for

Administrative Order Staying Civil Litigation in Light of Lapse of
Appropriations.
1. At midnight on December 21,2018, the continuing resolution that had
been funding the Department of Justice expired and appropriations to the
Department lapsed. The same is true for eight other federal departments and
several independent agencies. The Department does not know when funding

will be restored by Congress.
2. Absent an appropriation or continutn.g resolution/ Department of

Justice attorneys and employees are prohibited from working/ even on a

voluntary basis/ except in very limited circumstances/ including emergencies

involving the safety of human Ufe or the protection of property/" 31 U.S.Q
1342. With limited exceptions/ this includes attorneys and other employees in
the Civil Division of the United States Attorney's Office for the Northern District
of Georgia.

3. The United States therefore requests a stay of any and aU civil cases in
the District Court of the Northern District of Georgia in which the United States/
any federal agency/ or any federal officer and/or employee (in their individual or
official capacity) is a named party/ until Congress has restored appropriations to
the Department.1 This includes aU proceedings in civil cases in which the United
States Attorney or any Assistant United States Attorney is counsel of record.
4. If this motion for a stay is granted/ the undersigned counsel wUl notify
the Court as soon as Congress has appropriated funds for the Department or
enacted another continuing resolution. The United States requests that/ at that
point/ all current deadlines for the parties automatically be extended

1 This includes civil matters pending before Magistrate Judges for the District
Court of the Northern District of Georgia/ including Social Security matters

brought against the Acting Commissioner of Social Security.

commensurate with the duration of the lapse in. appropriations without any
further action by the Court.
While we regret any disruption caused to the Court and the other litigants/
the United States therefore moves for a stay of aU civil cases in the District Court
of the Northern District of Georgia in which the United States/ any federal
agency/ or any federal officer and/or employee is a named party and/or in
which the United States Attorney or any Assistant United States Attorney is
counsel of record/ until Department of Justice attorneys are permitted to resume
their usual civil litigation functions. For the Court s convenience/ a proposed
Order is attached.

This 26th day of December/ 2018.
RespectfuUy submitted/
BYUNG J. PAK
United States Attorney
600 U.S. Courthouse -

75 Ted Turner Drive SW
Atlanta/GA 30303

[phone] fax [phone]

LORI M. BERANEK

Civil Chief
Assistant United States Aiiorney
Georgia Bar No. 053775
[e-mail]

Certificate of Compliance
I hereby certify/ pursuant to Local Rules 5.1 and 7.1D/ that the foregoing brief has
been prepared using Book Antiqua/ 13 point font.

LORI M. BERANEK

Civil Chief
Assistant United States Attorney