Sanchez-Federico et al v. Warren et al

Filing 20

ORDER Granting 19 Motion to Stay Case. Signed by Chief Judge Gloria M. Navarro on 1/10/2019. (Copies have been distributed pursuant to the NEF - ADR)

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DAYLE ELIESON
United States Attorney
District of Nevada
TROY K. FLAKE
Assistant United States Attorney
501 Las Vegas Blvd. South, Suite 1100
Las Vegas, Nevada 89101
702-388-6336
[e-mail]
Attorneys for the United States

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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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RUBEN SANCHEZ-FEDERICO and
ESTELA GARCIA-FEDERICO,

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Case No. 2:17-cv-02568-GMN-CWH

Plaintiffs,

UNOPPOSED MOTION FOR STAY
AND EXTENSION DUE TO LAPSE
OF APPROPRIATIONS

v.
UNITED STATES OF AMERICA, et. al.,

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Defendants.

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The United States moves for a stay of proceedings and an extension of existing

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deadlines commensurate with the duration of, the lapse in appropriations (partial

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government shutdown). Plaintiff does not oppose this request.

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1.

At midnight on December 21, 2018, the continuing resolution that had been

funding the Department of Justice expired and appropriations to the Department lapsed.
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Absent an appropriation or continuing resolution, Executive Branch

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employees are prohibited from working, even on a voluntary basis, except in very limited

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circumstances, including “emergencies involving the safety of human life or the protection

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of property.” 31 U.S.C. § 1342. The instant lawsuit does not appear to meet such criteria

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because it is a tort claim arising out of a motor vehicle accident. The lapse in

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appropriations also prevents the United States Attorney’s Office from paying for costs that

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would otherwise be routine such as deposition transcription and work-related travel.

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3.

Defendant therefore requests a stay of proceedings until Congress has

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restored appropriations to the Department. Defendant also requests an extension of

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deadlines commensurate with the duration of the lapse in appropriations.

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4.

In light of the foregoing, Plaintiff’s counsel has agreed to vacate without

prejudice the scheduled January 8, 2019 deposition of Dr. Lanzkowski.
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Defendant will notify Plaintiff and the Court as soon as Congress has

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appropriated funds for the Department or enacted another continuing resolution and

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undersigned counsel can resume usual civil litigation duties.

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Therefore, although we greatly regret any disruption caused to the Court and the

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other litigants, Defendant hereby moves for a stay in this case until Department of Justice

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attorneys are permitted to resume their usual civil litigation functions.

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Respectfully submitted this 4th day of January 2019.
DAYLE ELIESON
United States Attorney

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/s/ Troy K . Flake
TROY K. FLAKE
Assistant United States Attorneys

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Attorneys for the United States

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IT IS SO ORDERED:

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DATED this ____ day of January, 2019.
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___________________________________
Gloria M. Navarro, Chief Judge
UNITED STATES DISTRICT COURT

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Certificate of Service

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I hereby certify that on January 4, 2019, I electronically filed and served the

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foregoing Unopposed Motion for Stay and Extension Due to Lapse of Appropriations

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with the Clerk of the Court for the United States District Court for the District of Nevada

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using the CM/ECF system.

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/s/ Troy K. Flake
TROY K. FLAKE
Assistant United States Attorney

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