Wilson et al v. United States of America

Filing 25

ORDER Granting 24 Unopposed Motion to Continue Hearing. IT IS HEREBY ORDERED that the settlement conference scheduled for 1/11/2019, is VACATED and will be rescheduled at a later date. Signed by Magistrate Judge Cam Ferenbach on 1/4/2019. (Copies have been distributed pursuant to the NEF - MR)

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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
MICHELLE WILSON, et al.,

Case No. 2:17-cv-02863-APG-VCF

Plaintiffs,
v.

UNOPPOSED MOTION TO
CONTINUE SETTLEMENT
CONFERENCE DUE TO LAPSE OF
APPROPRIATIONS

THE UNITED STATES OF AMERICA,
Defendant.

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The United States respectfully requests that the Court continue the settlement

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conference scheduled in this matter on January 11, 2019, due to the lapse in appropriations

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(partial government shutdown) and respectfully requests that it be re-scheduled after the

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partial government shutdown is resolved. Plaintiffs do not oppose this request. The reasons

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for this request are as follows:

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1.

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

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funding the Department of Justice expired and appropriations to the Department lapsed.

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The Department does not know when funding will be restored by Congress.

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2.

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 alleged medical malpractice. The lapse in

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appropriations also prevents the United States Attorney’s Office from consulting with

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agency and Department officials who have authority settle in this case.
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3.

On September 25, 2018, the Court stayed this case so the parties could

participate in a settlement conference. ECF No. 15.
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This Court scheduled a settlement conference on January 11, 2019. ECF

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No. 23. However, due to the partial government shutdown, Department employees cannot

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meaningfully participate in the settlement conference.

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5.

Accordingly, the United States respectfully requests that the Court continue

the settlement conference until after the partial government shutdown concludes.
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Defendant will notify Plaintiff and the Court as soon as Congress has

appropriated funds for the Department or enacted another continuing resolution and
undersigned counsel can resume usual civil litigation duties.
Therefore, although we greatly regret any disruption caused to the Court and the

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other litigants, Defendant hereby moves to continue the settlement conference until

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Department employees are permitted to resume their usual civil litigation functions.

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Respectfully submitted this 4th day of January 2019.

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DAYLE ELIESON
United States Attorney

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

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IT IS HEREBY ORDERED
that the settlement
conference scheduled for
January 11, 2019, is
VACATED and will be
rescheduled at a later date.

IT IS SO ORDERED:

UNITED STATES MAGISTRATE JUDGE
DATED:

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1-4-2019

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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 TO CONTINUE SETTLEMENT CONFERENCE

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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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