Opinion
BENJAMIN B. WAGNER, United States Attorney, VICTORIA L. BOESCH, Assistant United States Attorney, Sacramento, CA, Attorneys for Secretary Jewell.
MOTION TO AMEND THE STATUS (PRETRIAL SCHEDULING) ORDER TO EXTEND THE DISCOVERY DEADLINE AND TO GRANT SECRETARY JEWELL AN ADDITIONAL TWO WEEKS WITHIN WHICH TO RESPOND TO PLAINTIFF'S PENDING DISCOVERY REQUESTS
ALLISON CLAIRE, Magistrate Judge.
Secretary of the Interior Sally Jewell moves for an amendment to the Status (Pretrial Scheduling) Order [Doc. 41, p. 2] continuing the discovery cut-off deadline in this case, which is currently set for October 11, 2013, and extending the time for her to respond to Plaintiff's discovery requests, to and until October 25, 2013. Good cause exists for this amendment because, as described below, the Secretary's counsel and agency counsel in this case have been prohibited from working, even on a voluntary basis, while furloughed as a result of the recent lapse in appropriations.
1. 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 same is true for most Executive agencies, including the Department of the Interior. The Department of Justice does not know when funding will be restored by Congress.
2. Absent an appropriation, Department of Justice attorneys and employees 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." 31 U.S.C. § 1342. That exception is not deemed to include most civil cases. The undersigned Assistant U.S. Attorney is furloughed until appropriations to the Justice Department are restored.
3. Plaintiff served on the Secretary a number of requests for production of documents, to which a response will be due during the current discovery period. The Secretary was unable to complete its response before the furlough occurred. Therefore, the Secretary requests that the Court amend its Status (Pretrial Scheduling) Order [Doc. 41] to extend the time for completion of discovery, and to respond to Plaintiff's discovery requests, by two weeks, to and until October 25, 2013.
4. If this request is granted, undersigned counsel will notify the Court promptly after Congress has appropriated funds for the Department, and will propose further rescheduling if appropriate.
PROPOSED ORDER
IT IS SO ORDERED.