Valley County v. United States Department of Agriculture et al

Filing 96

ORDER granting 95 Motion to Stay, and all time limits and deadlines in this case with the one exception listed below - are extended for a period of time equal to the duration of the lapse in appropriations to the Department of Justice. Depositions and court hearings are vacated. The parties shall cooperatively establish new dates for depositions. HOWEVER, this stay does not apply to applications for emergency relief of any type in stayed cases. Thus, motions for temporary restraining orders a nd preliminary injunctions will proceed. This Order shall apply nunc pro tunc to 10/1/2013. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (cjm)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF IDAHO

VALLEY COUNTY, et al.,

Case No. 1:11-cv-00233-BLW

Plaintiffs,
ORDER
v.
UNITED STATES DEPARTMENT OF
AGRICLUTURE, et al.,
Defendants.

The Court has been advised that at midnight on September 30, 2013, the continuing resolution
that was funding the Department of Justice expired and the appropriation of funds to the Department
lapsed. The same is true for most Executive Branch agencies, including the federal agencies involved in
this litigation.
Absent an appropriation, Department of Justice attorneys and employees of the federal agencies
are prohibited from working, even on a volunteer basis, “except for emergencies involving the safety of
human life or the protection of property.” 31 U.S.C. § 1342. Civil cases are not deemed to be within this
exemption.
The Court has been informed that the lapse in appropriations therefore prevents Department of
Justice attorneys and their federal agency counterparts from appearing at hearings and depositions and
performing work necessary to meet case deadlines, including those imposed by statute, the Federal Rules
of Civil Procedure, the Civil Local Rules of this District, and by case management orders issued in
individual cases. This situation will cause prejudice to the interests of the United States and the federal
agencies, officers, and employees involved in civil litigation in this District.

WHEREFORE, the Court finds that good cause exists to stay proceedings in this case until
Congress has restored appropriations to the Department of Justice.
IT IS THEREFORE ORDERED that the Defendants’ Motion to Stay (Dkt. 95) is GRANTED,
and all time limits and deadlines in this case – with the one exception listed below -- are extended for a
period of time equal to the duration of the lapse in appropriations to the Department of Justice.
Depositions and court hearings are vacated. The parties shall cooperatively establish new dates for
depositions.
HOWEVER, this stay does not apply to applications for emergency relief of any type in stayed
cases. Thus, motions for temporary restraining orders and preliminary injunctions will proceed.
This Order shall apply nunc pro tunc to October 1, 2013.

DATED: October 1, 2013

_________________________
B. Lynn Winmill
Chief Judge
United States District Court