McKinnish v. Donahoe

Filing 16

ORDER granting 15 Motion to Stay these proceedings pending the restoration of appropriations. Signed by Magistrate Judge Dennis Howell on 10/02/2013. (thh)

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NORTH CAROLINA ASHEVILLE DIVISION 1:13cv87 KIMBERLY J. MCKINNISH, ) ) Plaintiff, ) ) v. ) ) PATRICK R. DONAHOE, ) POSTMASTER GENERAL ) U.S. POSTAL SERVICE, ) ) Defendant. ) ___________________________________ ) ORDER Pending before the Court is Defendant’s Motion to Stay [# 15]. Defendant moves to stay these proceedings as a result of the shutdown of the operations of the Federal Government because the Department of Justice has been forced to furlough the civil Assistant United States Attorneys in this district. These furloughed attorneys will be unable to work during the shutdown, even on a voluntary basis, as a result of the Antideficiency Act. In addition, there are no funds available to proceed with discovery because the Department of Justice is unable to hire a court reporter for depositions. Upon a review of the record, and for good cause shown, the Court GRANTS the motion [# 15]. The Court STAYS these proceedings pending the restoration of appropriations. Upon the lifting of the stay, the parties may move for an extension of the deadlines in the Pretrial Order if the government shutdown spans a significant period of time. Signed: October 2, 2013

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