Saleh v. Holder

Filing 19

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)

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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 3 4 5 6 7 8 9 10 11 12 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 13 14 15 ABDU SALEH, Beneficiary of a Visa Petition Filed By TEHETENA DAGNA 16 TEKLEWOLD, 17 Plaintiff, v. 18 19 ERIC H. HOLDER, JR., Attorney 20 21 General of the United States, Defendant. __________________________________ 22 ) ) ) ) ) ) ) ) ) ) ) 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 23 24 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. 28 Case 2:13-cv-00586-GMN-GWF Document 18 Filed 10/15/13 Page 2 of 4 1 2. 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. 4 3. 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 6 appropriations to the Department. 7 8 9 4. 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. 12 5. 13 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 14 inform undersigned counsel whether plaintiff would oppose this motion. 15 Therefore, although the Attorney General greatly regrets any disruption caused to the 16 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. 19 CONCLUSION 20 21 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 22 23 appropriations. 24 25 26 // 27 // 28 // -2- Case 2:13-cv-00586-GMN-GWF Document 18 Filed 10/15/13 Page 3 of 4 1 2 3 4 5 6 7 8 9 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 15 /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 16 October 15, 2013 Attorneys for Defendant 10 11 12 13 14 17 18 19 20 21 22 23 24 25 26 27 28 -3- Case 2:13-cv-00586-GMN-GWF Document 18 Filed 10/15/13 Page 4 of 4 1 2 CERTIFICATE OF SERVICE I certify that on October 15, 2013, I caused the foregoing Motion for a Stay of Rule 26(f) 3 4 5 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. 8 9 10 11 12 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 13 14 15 16 17 18 /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 20 21 22 23 24 25 26 27 28 -4- 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. __________________________________ ) ) ) ) ) ) ) ) ) ) ) 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. . October 16, DATED_________ 2013 __________________________________ _________________________________ GEORGE FOLEY, JR. HON. GLORIA M. NAVARRO United States Magistrate Judge UNITED STATES DISTRICT JUDGE

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