Huffstetler v. Social Security Administration, Commissioner of (TV3)

Filing 21

ORDER granting 20 Defendant's Motion to Stay. The Commissioner SHALL notify the Court within seven (7) days of the restoration of funding, at which time the Court will enter an order lifting the stay. All current deadlines f or the parties are extended commensurate with the duration of the lapse in appropriations. Upon the restoration of appropriations, the parties SHALL file notice with the Court proposing new briefing deadlines. Signed by Magistrate Judge Debra C Poplin on January 2, 2019. (AYB)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TENNESSEE AT KNOXVILLE MARK S. HUFFSTETLER, Plaintiff, v. NANCY A. BERRYHILL, Acting Commissioner of Social Security, Defendant. ) ) ) ) ) ) ) ) ) No. 3:18-CV-210-DCP ORDER This case is before the undersigned pursuant to 28 U.S.C. § 636(b) and the Rules of this Court. Now before the Court is Defendant’s Motion for a Stay of Dispositive Motion Deadline in Light of Lapse of Appropriations [Doc. 20]. The Commissioner submits that the appropriations act funding the Department of Justice expired at midnight on December 22, 2018, and requests that the dispositive motion deadline be stayed until Congress has restored the appropriations. Additionally, the Commissioner states that Plaintiff’s counsel does not object to a stay of the dispositive motion deadline. The Court finds Defendant’s Motion to Stay [Doc. 20] well-taken, and it is GRANTED. Accordingly, the Court finds this action STAYED until Congress restores appropriations to the Department of Justice. The Commissioner SHALL notify the Court within seven (7) days of the restoration of funding, at which time the Court will enter an order lifting the stay. All current deadlines for the parties are extended commensurate with the duration of the lapse in appropriations. Upon the restoration of appropriations, the parties SHALL file notice with the Court proposing new briefing deadlines. 1 IT IS SO ORDERED. ENTER: ____________________________ Debra C. Poplin United States Magistrate Judge 2

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