Nemergut v. Astrue

Filing 17

ORDER Granting 16 Motion to Stay During Lapse in Appropriations. Signed by Magistrate Judge George Foley, Jr on 10/7/2013. (Copies have been distributed pursuant to the NEF - SLR)

Case 2:13-cv-00254-GMN-GWF Document 16 Filed 10/04/13 Page 5 of 6

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

3 SARAH NEMERGUT,

Plaintiff,

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v.

6 CAROLYN COLVIN, Acting

Commissioner of Social Security,

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Defendant.

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) Case No.: 2:13-cv-254-GMN-GWF
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ORDER FOR STAY OF PROCEEDINGS DURING LAPSE IN
APPROPRIATIONS

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1.

The Court has been advised that at midnight on September 30, 2013, the

12 continuing resolution that was funding the Department of Justice expired and the
13 appropriation of funds to the Department lapsed. The same is true for most Executive
14 Branch agencies, including the federal agencies involved in litigation in this District.
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2.

Absent an appropriation, Department of Justice attorneys and employees

16 of the federal agencies are prohibited from working, even on a volunteer basis,
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18 property.” 31 U.S.C. § 1342. Civil cases are not deemed to be within this exemption.
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3.

The Court has been informed that the lapse in appropriations therefore

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prevents Department of Justice attorneys and their federal agency counterparts from

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appearing at hearings and depositions and performing work necessary to meet case

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deadlines, including those imposed by statute, the Federal Rules of Civil Procedure,

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the Civil Local Rules of this District, and by case management orders issued in

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individual cases. This situation will cause prejudice to the interests of the United

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States and the federal agencies, officers, and employees involved in civil litigation in

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this District.

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Case 2:13-cv-00254-GMN-GWF Document 16 Filed 10/04/13 Page 6 of 6

WHEREFORE, the Court finds that good cause exists to stay proceedings in the

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cases identified in the attached list until Congress has restored appropriations.
IT IS THEREFORE ORDERED that all time limits and deadlines in this case

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are extended for a period of time equal to the duration of the lapse in appropriations to
the Department of Justice and the Federal Defendant and depositions and court
hearings are vacated. Further, this stay does not apply to applications for emergency
relief.
This Order shall apply nunc pro tunc to October 1, 2013.
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DATED: October __, 2013

___________________________
United States District Judge

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___________________________________
GEORGE FOLEY, JR.
United States Magistrate Judge

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