Wells v. Sunbelt Rentals, Inc. et al

Filing 50

ORDER granting 49 Motion for a Stay because of lapse of appropriations. Signed by District Judge Aleta A. Trauger on 10/1/13. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF TENNESSEE
NASHVILLE DIVISION
LINDA WELLS, et al.
Plaintiffs,
v.
SUNBELT RENTALS, INC. and
MULTIQUIP, INC.,
Defendants.

EDDIE K. WATSON, et al.,
Plaintiffs,
v.
SUNBELT RENTALS, INC. and
MULTIQUIP, INC.,
Defendants.

MICHAEL OVER and BRENDA
OVER, et al.,
Plaintiffs,
v.
SUNBELT RENTALS, INC. and
MULTIQUIP, INC.,
Defendants.

Motion GRANTED.

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Civil Case No.: 3:13-cv-0194
JUDGE TRAUGER

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Civil Case No.: 3:13-cv-0195
JUDGE TRAUGER

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Civil Case No.: 3:13-cv-0196
JUDGE TRAUGER

EDDIE K. WATSON, et al.,
Plaintiffs,
v.
UNITED STATES,
Defendant.

LINDA WELLS, as next friend and
mother of Olivia Grace Wall, Landon
Keith Wall and Grant Stefan Wall,
minor children of and heirs at law of
JAMES F. WALL, deceased,
Plaintiff,
v.
THE UNITED STATES,
Defendant.

IN RE: TIMOTHY STONE, TYLER
STONE, individually, C.S. and for the
Benefit of his minor child, LOGAN
STONE, individually, BUFORD
STONE, individually,
Plaintiffs,
v.
UNITED STATES OF AMERICA,
Defendant.

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Civil Case No.: 3:13-cv-0410
JUDGE TRAUGER

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Civil Case No.: 3:13-cv-0693

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Civil Case No.: 3:13-cv-0756

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MICHAEL OVER, Administrator of
the Estate of Jonathan Over, C.M.O.,
by his Co-Guardian and next friend
Eddie K. Watson, J.K.O., by his
Co-Guardian and next friend Eddie K.
Watson, MICHAEL OVER, BRENDA
OVER, and EDDIE K. WATSON,
v.
UNITED STATES,
Defendant.

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Civil Case No.: 3:13-cv-0757
JUDGE TRAUGER

MOTION FOR A STAY BECAUSE OF LAPSE OF APPROPRIATIONS
The United States of America hereby moves for a stay of all proceedings in the abovecaptioned case.
At the end of the day on September 30, 2013, the appropriations act that had been
funding the Department of Justice expired and appropriations to the Department lapsed. The
Department does not know when funding will be restored by Congress.
Absent an appropriation, Department of Justice attorneys are prohibited from working,
even on a voluntary basis, except in very limited circumstances. These include “emergencies
involving the safety of human life or the protection of property,” 31 U.S.C. § 1342, or when
Department attorneys have express legal authority to continue working such as by court order. If
the Court denies this motion for a stay, the United States Attorney’s Office will comply with the
Court’s order and staff the case appropriately to comply with the Court’s order.
Undersigned counsel for the Department of Justice therefore requests a stay of the entire
case until Congress has restored appropriations to the Department.
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 requests that, at that

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