Weingartz Supply Company et al v. Sebelius et al

Filing 74

ORDER Requiring Clarification ( Defendants' Response due by 10/3/2013) Signed by District Judge Robert H. Cleland. (LWag)

UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

LEGATUS, et al.,
Plaintiffs,
v.

Case No. 12-12061

KATHLEEN SEBELIUS, et al,
Defendants,
/
ORDER REQUIRING CLARIFICATION
On August 28, 2013, the court issued an “Order Setting Deadlines” which
directed Plaintiff to file a motion for preliminary injunction and set an expedited briefing
schedule on that motion. Pursuant to that order, Defendants’ response brief is due
Friday, October 4, 2013.
On October 1, 2013, Defendants filed a motion for a stay of briefing on Plaintiff’s
motion for preliminary injunction “until Congress has restored appropriations to the
Department [of Justice].” (Pg ID 396.) Defendants rely on 31 U.S.C. § 1342, which
states, “An officer or employee of the United States Government . . . may not accept
voluntary services for . . . government or employ personal services exceeding that
authorized by law except for emergencies involving the safety of human life or the
protection of property.” However, Defendants do not say whether the attorney
responsible for this case has been, or is about to be, furloughed.
According to the Department of Justice (DOJ) Contingency Plan, found on the
Department’s home page:
Civil litigation will be curtailed or postponed to the extent that this can be
done without compromising to a significant degree the safety of human life

or the protection of property. Litigators will need to approach the courts and
request that active cases, except for those in which postponement would
compromise to a significant degree the safety of human life or the protection
of property, be postponed until funding is available. If a court denies such a
request and orders a case to continue, the government will comply with the
court’s order, which would constitute express legal authorization for the
activity to continue. The Department will limit its civil litigation staffing to the
minimum level needed to comply with the court’s order and to protect life and
property.
U.S. Department of Justice FY 2014 Contingency Plan, www.justice.gov, http://
www.justice.gov/ jmd/ publications/ doj-contingency-plan.pdf (last visited Oct. 2, 2013)
(emphasis added) (the rendering of this URL contains spaces). Assuming the abovequoted language governs this matter, it appears that a court order will result in
continuation of the case without delay. Accordingly,
IT IS ORDERED that Defendants are DIRECTED to file a statement of
clarification not later than October 3, 2013, addressing the following questions:
(1)

Has the attorney responsible for this case been furloughed?

(2)

Does the DOJ Contingency Plan language quoted above govern this
matter? If the language governs, do Defendants dispute the court’s
interpretation? If Defendants contend that another source of authority
governs this matter, they are advised to include it in their statement of
clarification.

s/Robert H. Cleland
ROBERT H. CLELAND
UNITED STATES DISTRICT JUDGE
Dated: October 3, 2013

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I hereby certify that a copy of the foregoing document was mailed to counsel of record
on this date, October 3, 2013, by electronic and/or ordinary mail.

s/Lisa Wagner
Case Manager and Deputy Clerk
[phone]

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