United States of America v. Douglas H. Clark et al

Filing 32

ORDER. IT IS HEREBY ORDERED that 31 the motion to stay is GRANTED; this action is STAYED until the funding for the Department of Justice has been restored. Once it has been restored, any party may file a motion to lift this stay. All pending motions (ECF Nos. 19 , 22 , 23 , 24 ) are DENIED without prejudice to their refiling once the stay is lifted. Signed by Judge Jennifer A. Dorsey on 1/14/2019. (Copies have been distributed pursuant to the NEF - MR)

Case 2:18-cv-00525-JAD-PAL Document 31 Filed 12/26/18 Page 1 of 4

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RICHARD E. ZUCKERMAN
Principal Deputy Assistant Attorney General

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BORIS KUKSO
Trial Attorney, Tax Division
U.S. Department of Justice
P.O. Box 683
Washington, D.C. 20044
202-353-1857 (v)
202-307-0054 (f)
[e-mail]

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Of Counsel:
DAYLE ELIESON
US Attorney
UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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UNITED STATES OF AMERICA,
2:18-cv-00525-JAD-PAL

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Plaintiff,

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v.

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Case No. 2:18-CV-00525-JAD-PAL
ORDER GRANTING
UNITED STATES’ MOTION FOR A STAY
IN LIGHT OF LAPSE OF
APPROPRIATIONS

DOUGLAS H. CLARK, et al.

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Defendants.

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ECF Nos. 19, 22, 23, 24, 31

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The United States of America hereby moves for a stay the above-captioned case.
1.

At the end of the day on December 21, 2018, the appropriations act that had been

funding the Department of Justice expired and appropriations to the Department

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lapsed. The same is true for several other Executive agencies, including the federal
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Plaintiff herein. The Department does not know when funding will be restored by
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Congress.
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Case 2:18-cv-00525-JAD-PAL Document 31 Filed 12/26/18 Page 2 of 4

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2.

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federal Plaintiff are prohibited from working, even on a voluntary basis, except in

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

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Absent an appropriation, Department of Justice attorneys and employees of the

the protection of property.” 31 U.S.C. § 1342.
3.

Undersigned counsel for the Department of Justice therefore requests a stay of

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this case and all deadlines until Congress has restored appropriations to the
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Department.
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4.

If this motion for a stay is granted, undersigned counsel will notify the Court as

soon as Congress has appropriated funds for the Department. The Government

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requests that, at that point, all current deadlines for the parties be extended

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commensurate with the duration of the lapse in appropriations.

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

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other litigants, the Government hereby moves for a stay of this case until Department

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of Justice attorneys are permitted to resume their usual civil litigation functions.

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Dated: December 26, 2018.
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RICHARD E. ZUCKERMAN
Principal Deputy Assistant Attorney General

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/s/ Boris Kukso

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BORIS KUKSO
Trial Attorney, Tax Division
U.S. Department of Justice
P.O. Box 683
Washington, D.C. 20044

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Case 2:18-cv-00525-JAD-PAL Document 31 Filed 12/26/18 Page 3 of 4

202-353-1857 (v)
202-307-0054 (f)
[e-mail]

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Of Counsel:
U.S. Attorney
Dayle Elieson

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Attorneys for United States
ORDER

Good cause appearing, IT IS HEREBY ORDERED that the motion to
stay [ECF No. 31] is GRANTED; this action is STAYED until the funding
for the Department of Justice has been restored. Once it has been
restored, any party may file a motion to lift this stay. All pending
motions [ECF Nos. 19, 22, 23, 24] are DENIED without prejudice to their
refiling once the stay is lifted.
_________________________________
_______________
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_
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U.S. District Judge Jennifer A. Do
dge Je
Jennifer A. D
Dorsey
Dated: January 14, 2019

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