Randolph v. McMahon

Filing 44

ORDER Granting 43 Motion to Stay Case. Signed by Magistrate Judge Nancy J. Koppe on 1/4/2019. (Copies have been distributed pursuant to the NEF - ADR)

Case 2:18-cv-00238-APG-NJK Document 43 Filed 01/04/19 Page 1 of 3

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DAYLE ELIESON
United States Attorney
District of Nevada

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PATRICK A. ROSE
Nevada Bar No. 5109
TROY K. FLAKE
Assistant United States Attorney
501 Las Vegas Boulevard, South, Suite 1100
Las Vegas, Nevada 89101
Telephone: [phone]
Email: [e-mail];
[e-mail]

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Attorneys for the United States

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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NANETTE RANDOLPH,

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Plaintiff,

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v.

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LINDA MCMAHON, Administrator,
U.S. Small Business Administration,

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Defendant.

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) 2:18-cv-00238-APG-NJK
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) Motion for Stay and Extension Due to
) Lapse of Appropriations
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Federal Defendant moves for a stay of proceedings pending, as well as an extension

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of existing deadlines commensurate with the duration of, the lapse in appropriations

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(partial government shutdown).

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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 same is true for several Executive Branch agencies, including Federal Defendant, the

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U.S. Small Business Administration. The Department and Federal Defendant do not know

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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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Case 2:18-cv-00238-APG-NJK Document 43 Filed 01/04/19 Page 2 of 3

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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 civil case for alleged past employment discrimination and retaliation. The

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lapse in appropriations also prevents the United States Attorney’s Office from paying for

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costs that would otherwise be routine such as deposition transcripts and work-related

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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

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prejudice the scheduled January 15, 2019 deposition of Eugene Cornelius in Washington,

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D.C., and counsel has further advised that he will not oppose this motion.

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5.

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

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IT IS SO ORDERED:
UNITED STATES MAGISTRATE JUDGE
January 4, 2019
DATED:

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