Opinion
DONALD R. HUENE, Fresno, California Plaintiff pro se.
GERALD A. ROLE, Trial Attorney, Tax Division U.S. Department of Justice, Washington, DC.
STIPULATION TO STAY PROCEEDINGS IN LIGHT OF LAPSE OF APPROPRIATIONS; ORDER THEREON
ALLISON CLAIRE, Magistrate Judge.
STIPULATION TO STAY PROCEEDINGS
The parties stipulate and request that this action be stayed in light of the lapse of appropriations to Federal agencies.
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 Federal defendants. The Department does not know when funding will be restored by Congress.
2. Absent an appropriation, Department of Justice attorneys and employees of the Federal defendants 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.
3. Plaintiff pro se stipulates to a stay under these circumstances. (See Ex. A, attached.)
4. Government counsel will notify the Court as soon as Congress has appropriated funds for the Department. The parties request that, at that point, all current deadlines for the parties be extended commensurate with the duration of the lapse of appropriations.
5. The Government greatly regrets any disruption caused to the Court and to the plaintiff.
ORDER
IT IS SO ORDERED. This matter is STAYED pending restoration of funding to the Department of Justice. When government counsel notifies the Court that funding has been restored, the Court will enter a new scheduling order, and set a hearing date for the pending cross-motions for summary judgment, now scheduled for October 9, 2013. The October 9, 2013 hearing is hereby vacated.