USA (IRS) v. Martin

Filing 6

ORDER GRANTING FEDERAL DEFENDANTS UNOPPOSED MOTION FOR A STAY OF BRIEFING SCHEDULE IN LIGHT OF LAPSE OF APPROPRIATIONS granting 5 Motion to 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

UNITED STATES OF AMERICA,
Plaintiffs,
v.
SUSAN MARTIN,

Case No. 1:13-cv-00349 BLW
ORDER GRANTING FEDERAL
DEFENDANTS’ UNOPPOSED
MOTION FOR A STAY OF
BRIEFING SCHEDULE IN LIGHT OF
LAPSE OF APPROPRIATIONS

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 Internal Revenue Service.
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 generally 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
Order Granting Federal Defendants’ Unopposed Motion for Stay of Briefing Schedule in Light of Lapse of
Appropriations

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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
and the Internal Revenue Service.
IT IS THEREFORE ORDERED that the Motion to Stay (Dkt. 5) 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.
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 11, 2013

_________________________
B. Lynn Winmill
Chief Judge
United States District Court

Order Granting Federal Defendants’ Unopposed Motion for Stay of Briefing Schedule in Light of Lapse of
Appropriations

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