Hill v. United States of America et al
Filing
50
ORDER LIFTING STAY. 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 LIFTING STAY
v.
UNITED STATES OF AMERICA,
Defendant.
Upon further reflection, the Court will reconsider its order staying this case. Unlike other
cases the Court stayed because the continuing resolution funding the Department of Justice
expired, this case has a looming trial date. Staying the case may force a continuance of the trial
date. Given the Court’s extremely full docket, it would be difficult to find another trial date in
the near future without impacting other cases. Moreover, the Court understands that Department
of Justice attorneys and their federal agency counterparts may be allowed to perform work
necessary to meet case deadlines if the Court orders that the trial proceed as scheduled.
Accordingly, the Court will lift the stay, with the hope that the lapse in appropriations to
the government will be resolved shortly. The Court encourages counsel to work together to
accommodate inconveniences caused by the lack of appropriations for the government. If the
lack of appropriations issue is not resolved in the near future, the Court will entertain another
motion to stay by the government if it cannot effectively litigate this case, causing prejudice to
the interests of the United States.
ORDER LIFTING STAY - 1
IT IS THEREFORE ORDERED that the Stay issued in this case is LIFTED, and this
case shall proceed as scheduled.
DATED: October 2, 2013
_________________________
B. Lynn Winmill
Chief Judge
United States District Court
ORDER LIFTING STAY - 2
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