Hill v. United States of America et al

Filing 48

ORDER GRANTING MOTION TO STAY granting 47 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 tempor ary restraining orders and 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
SEAN HILL,
Case No. 1:11-00413-BLW
Plaintiff,

ORDER GRANTING
MOTION TO STAY

v.

UNITED STATES OF AMERICA,
Defendant.

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.
ORDER GRANTING MOTION TO STAY - 1

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 Government’s Motion to Stay (Dkt. 47) 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

ORDER GRANTING MOTION TO STAY - 2