Foliart et al v. United States of America et al

Filing 31

ORDER granting 30 Stipulated MOTION to Stay Proceedings Due to Lapse in Appropriations, signed by Judge Robert S. Lasnik. (KERR)

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The Honorable Robert S. Lasnik

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UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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DONNA FOLIART, individually and as
Personal Representative for the Estate of
12 James R. Foliart,
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Plaintiff,

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v.

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CASE NO. 2:17-cv-01325-RSL
STIPULATED MOTION TO
STAY PROCEEDINGS DUE TO
LAPSE IN APPROPRIATIONS
AND ORDER

THE UNITED STATES OF AMERICA, et
16 al.,
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Defendants.

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STIPULATED MOTION FOR A STAY DUE TO LAPSE OF APPROPRIATIONS
AND FOR ADDITIONAL TIME TO SERVE DEFENDANT, LINDA CINTRON

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COME NOW the parties, by and through counsel, and jointly move for a stay of

23 proceedings in light of the lapse of government appropriations that funds the Department
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of Justice (“Department”). The parties also hereby stipulate to an additional thirty days,

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or the end of the lapse of appropriations, whichever is later, to serve Defendant, Linda

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STIPULATED MOTION TO STAY
AND [PROPOSED] ORDER - 1
2:17-cv-01325-RSL

United States Attorney’s Office
700 Stewart Street, Suite 5200
Seattle, Washington 98101
[phone]

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1. At the end of the day on December 21, 2018, the appropriations act that had
been funding the Department expired and appropriations to the Department lapsed. The
lapse has continued for thirty-three days and the Government does not know when

5 funding will be restored by Congress.
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2. Absent an appropriation, Department attorneys are prohibited from working,
even on a voluntary basis, except in very limited circumstances, including “emergencies

9 involving the safety of human life or the protection of property.” 31 U.S.C. § 1342.
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3. An Amended Complaint was filed in this matter on September 11, 2018
following the death of Plaintiff, James Foliart. Dkt. No. 24. The Amended Complaint

13 added Defendant, Linda M. Cintron, as a party. Id. The parties agreed to a stipulated
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motion for additional time to serve Ms. Cintron on November 26, 2018. Dkt. No. 28. The
new date for service is February 7, 2019. Dkt. No. 29. However, the lapse in

17 appropriations has intervened and has precluded Government counsel from being
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available to participate in depositions or additional discovery as needed to proceed to try
to resolve this matter or prepare for trial. Government counsel remains unable to work on

21 this matter until appropriations are restored or other authorization is granted.
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4. Therefore, the Government, with Plaintiff’s agreement, is requesting a stay of
proceedings until Congress has restored appropriations to the Department.
5. Additionally, Plaintiff has requested, with the Government’s agreement, an
additional thirty days or the end in the lapse of appropriations, whichever is later, to
effect service on Ms. Cintron.
STIPULATED MOTION TO STAY
AND [PROPOSED] ORDER - 2
2:17-cv-01325-RSL

United States Attorney’s Office
700 Stewart Street, Suite 5200
Seattle, Washington 98101
[phone]

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6. If this motion for a stay is granted, Government counsel will notify the Court as
soon as Congress has appropriated funds for the Department.
Therefore, although we regret any disruption caused to the Court and other

5 litigants, the parties hereby move for a stay of proceedings until Department attorneys are
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permitted to resume their usual civil litigation functions.
DATED this 24th day of January, 2019.

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Respectfully submitted,

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BRIAN T. MORAN
United States Attorney

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s/Gordon C. Webb
14 GORDON C. WEBB, WSBA #22777
15 NEIL T. LINDQUIST, WSBA #52111
GEORGE KARGIANIS, WSBA #286
16 225 106th Avenue NE
17 Bellevue, Washington 98004
Phone: [phone]
18 Email: [e-mail]
19 Email: [e-mail]
Email: [e-mail]
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s/Tricia Boerger
TRICIA BOERGER, WSBA #38581
Assistant United States Attorney
Western District of Washington
United States Attorney’s Office
700 Stewart Street, Suite 5220
Seattle, Washington 98101-1271
Phone: [phone]
Email: [e-mail]
Attorneys for United States of America

21 Attorneys for Plaintiff
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STIPULATED MOTION TO STAY
AND [PROPOSED] ORDER - 3
2:17-cv-01325-RSL

United States Attorney’s Office
700 Stewart Street, Suite 5200
Seattle, Washington 98101
[phone]

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ORDER
Pursuant to the parties’ motion, and the parties having stipulated and agreed, it is
hereby ORDERED that all proceedings in this matter are stayed until Department of

5 Justice attorneys are permitted to resume their usual civil litigation functions.
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Dated this 25th day of January, 2019.

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A
Robert S. Lasnik

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United States District Judge 

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11 Presented by:
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BRIAN T. MORAN
13 United States Attorney
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16 s/ Tricia Boerger
TRICIA BOERGER, WSBA # 38581
17 Assistant United States Attorney
18 Western District of Washington
United States Attorney’s Office
19 700 Stewart Street, Suite 5220
20 Seattle, Washington 98101-1271
[phone]
21 [e-mail]
22 Attorneys for Defendant

r

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STIPULATED MOTION TO STAY
AND [PROPOSED] ORDER - 4
2:17-cv-01325-RSL

United States Attorney’s Office
700 Stewart Street, Suite 5200
Seattle, Washington 98101
[phone]