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)

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