Almanza v. Lynch (TV3)

Filing 134

ORDER, the Motion for Stay of Briefing on Plaintiff's Motion For Award of Attorney's Fees and Costs, or in the Alternative, a 30-day Extension of Time to Respond to Plaintiff's Motion 133 is GRANTED IN PART AND DE NIED IN PART. Defendant shall file the response to Plaintiff's Motion on or before February 11, 2019, and Plaintiff shall file her reply brief on or before February 28, 2019. Signed by Magistrate Judge H. Bruce Guyton on 1/8/19. (ADA)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE
AT KNOXVILLE
MICHELLE ALMANZA,
Plaintiff,
v.
JEFFERSON SESSIONS, Attorney General,
United States Department of Justice,
Defendant.

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No. 3:15-CV-389-TAV-HBG

ORDER
This case is before the undersigned pursuant to 28 U.S.C. § 636, the Rules of this Court,
and Standing Order 13-02.
Now before the Court is a Motion for Stay of Briefing on Plaintiff’s Motion for Award of
Attorney’s Fees and Costs, or in the Alternative, a 30-Day Extension of Time to Respond to
Plaintiff’s Motion [Doc. 133]. For grounds, Defendant states that on December 22, 2018, the
appropriations act that had been funding the Department of Justice (“Department”) expired and
appropriations to the Department lapsed. The Motion explains that absent an appropriation,
attorneys for the Department are prohibited from working, even on a voluntary basis, except in
very limited circumstances, including “emergencies involving the safety of human life or the
protection of property.” The Motion states that due to the shutdown, Defendant is unable to
complete its response to Plaintiff’s Motion and is unable to receive approval from the client
agency, EOUSA, before filing the response. The Motion requests a stay of the parties’ briefing on
Plaintiff’s Motion until Congress has restored appropriations to the Department. In the alternative,
Defendant requests that it be granted an additional thirty (30) days to respond to Plaintiff’s Motion.

The Court has considered Defendant’s Motion and finds that the best course of action is to
grant Defendant an additional thirty (30) days to respond. Accordingly, the Motion for Stay of
Briefing on Plaintiff’s Motion For Award of Attorney’s Fees and Costs, or in the Alternative, a
30-day Extension of Time to Respond to Plaintiff’s Motion [Doc. 133] is GRANTED IN PART
AND DENIED IN PART. Defendant shall file the response to Plaintiff’s Motion on or before
February 11, 2019, and Plaintiff shall file her reply brief on or before February 28, 2019.
IT IS SO ORDERED.
ENTER:

United States Magistrate Judge

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