Saleh v. Holder
Filing
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ORDER Granting 18 Defendant's Motion to Stay of Rule 26(f) Report and Proposed Scheduling Order in Light of Lapse of Appropriations. Signed by Magistrate Judge George Foley, Jr on 10/16/13. (Copies have been distributed pursuant to the NEF - EDS)
Case 2:13-cv-00586-GMN-GWF Document 18 Filed 10/15/13 Page 1 of 4
DANIEL G. BOGDEN
1 United States Attorney
2 District of Nevada
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Nevada Bar Number 2137
CARLOS GONZALEZ
Assistant United States Attorney
333 South Las Vegas Blvd.
Lloyd George Federal Building, Suite 5000
Las Vegas, NV 89101
Telephone: (702) 388-6336
Facsimile: (702) 388-6787
SARAH MALONEY
Trial Attorney
U.S. Department of Justice
P.O. Box 868, Ben Franklin Station
Washington, DC 20044
Telephone: (202) 305-4193
Facsimile: (202) 305-7000
sarah.maloney2@usdoj.gov
Attorneys for Defendant
UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
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15 ABDU SALEH, Beneficiary of a Visa
Petition Filed By TEHETENA DAGNA
16 TEKLEWOLD,
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Plaintiff,
v.
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19 ERIC H. HOLDER, JR., Attorney
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General of the United States,
Defendant.
__________________________________
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Case No. 2:13-cv-0586-GMN (GWF)
DEFENDANT’S MOTION FOR STAY OF
RULE 26(f) REPORT AND PROPOSED
SCHEDULING ORDER IN LIGHT OF
LAPSE OF APPROPRIATIONS
Defendant Attorney General Eric H. Holder, Jr. hereby moves for a stay in the above
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captioned case.
25 1.
At the end of the day on September 30, 2013, the appropriations act that had been
26 funding the Department of Justice expired and appropriations to the Department lapsed. The
27 Department does not know when funding will be restored by Congress.
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Case 2:13-cv-00586-GMN-GWF Document 18 Filed 10/15/13 Page 2 of 4
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Absent an appropriation, Department of Justice attorneys are prohibited from working,
2 even on a voluntary basis, except in very limited circumstances, including “emergencies
3 involving the safety of human life or the protection of property.” 31 U.S.C. § 1342.
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A Fed. R. Civ. Pro. 26(f) report and proposed scheduling order is due on October 20,
5 2013. Undersigned counsel for the Attorney General requests a stay until Congress has restored
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appropriations to the Department.
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If this motion for a stay is granted, undersigned counsel will notify the Court promptly
after Congress has appropriated funds for the Department. The Attorney General requests that,
10 at that point, all current deadlines for the parties be extended commensurate with the duration of
11 the lapse in appropriations.
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Undersigned counsel attempted to contact plaintiff’s counsel, Dan Winder, before filing
this motion. As of the time this motion was filed, Mr. Winder had not had the opportunity to
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inform undersigned counsel whether plaintiff would oppose this motion.
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Therefore, although the Attorney General greatly regrets any disruption caused to the
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17 Court and plaintiff’s counsel, he hereby moves for a stay in this case until Department of Justice
18 attorneys are permitted to resume their usual civil litigation functions.
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CONCLUSION
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Wherefore, Respondent respectfully requests that the Court stay the filing deadline for
the Rule 26(f) report and proposed scheduling order in this case due to the lapse in
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appropriations.
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Case 2:13-cv-00586-GMN-GWF Document 18 Filed 10/15/13 Page 3 of 4
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Respectfully submitted,
STUART F. DELERY
Assistant Attorney General
Civil Division
DAVID J. KLINE
Director
District Court Section
Office of Immigration Litigation
AARON GOLDSMITH
Senior Litigation Counsel
District Court Section
Office of Immigration Litigation
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/s/ Sarah Maloney
SARAH MALONEY
Trial Attorney
U.S. Department of Justice, Civil Division
Office of Immigration Litigation
P.O. Box 868, Ben Franklin Station
Washington, DC 20044
Telephone: (202) 305-4193
Facsimile: (202) 305-7000
E-mail: sarah.maloney2@usdoj.gov
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Attorneys for Defendant
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Case 2:13-cv-00586-GMN-GWF Document 18 Filed 10/15/13 Page 4 of 4
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CERTIFICATE OF SERVICE
I certify that on October 15, 2013, I caused the foregoing Motion for a Stay of Rule 26(f)
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Report and Proposed Scheduling Order Due to the Lapse in Appropriations to be electronically
filed with the Clerk of United States District Court, District of Nevada using the appellate
6 CM/ECF system. I also certify that plaintiff’s counsel, identified below, is a registered CM/ECF
7 user, and service should be accomplished by the CM/ECF system.
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Dan M. Winder
Law Office of Dan M. Winder, PC
3507 W. Charleston Blvd.
Las Vegas, NV 89102
702-474-0523
Fax: 702-474-0631
winderdandocket@aol.com
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/s/ Sarah Maloney
SARAH MALONEY
Trial Attorney
U.S. Department of Justice, Civil Division
Office of Immigration Litigation
P.O. Box 868, Ben Franklin Station
Washington, DC 20044
Telephone: (202) 305-4193
Facsimile: (202) 305-7000
E-mail: sarah.maloney2@usdoj.gov
19 DATED: October 15, 2013
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Case 2:13-cv-00586-GMN-GWF Document 18-1 Filed 10/15/13 Page 1 of 1
UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
ABDU SALEH, Beneficiary of a Visa
Petition Filed By TEHETENA DAGNA
TEKLEWOLD,
Plaintiff,
v.
ERIC H. HOLDER, JR., Attorney
General of the United States,
Defendant.
__________________________________
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Case No. 2:13-cv-0586-GMN (GWF)
[PROPOSED] ORDER
Upon consideration of Defendant Attorney General Eric H. Holder, Jr.’s Motion
for Stay of Rule 26(f) Report and Proposed Scheduling Order in Light of the Lapse of
Appropriations, it is hereby:
ORDERED that the filing deadline for the Rule 26(f) report and proposed order
entered in the Order of this Court dated September 5, 2013, shall be stayed until
appropriations for the Department of Justice have been restored; and
It is FURTHER ORDERED that, once appropriations have been restored, counsel
for Defendant shall notify this Court promptly; and
It is FURTHER ORDERED that, at that time, Defendant shall provide the Court
with a Proposed Order containing the revised filing deadline for the Rule 26(f) report and
proposed scheduling order.
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October 16,
DATED_________ 2013
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GEORGE FOLEY, JR.
HON. GLORIA M. NAVARRO
United States Magistrate Judge
UNITED STATES DISTRICT JUDGE
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