Chesapeake Climate Action Network v. Export-Import Bank of the United States

Opinion

1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE NORTHERN DISTRICT OF CALIFORNIA 10 11 United States District Court For the Northern District of California

12 CHESAPEAKE CLIMATE, et al. No. C 13-03532 WHA 13 Plaintiffs, 14 v. ORDER RE MOTION TO STAY 15 EXPORT IMPORT BANK, et al. 16 Defendants. 17 /

18 Acting Assistant Attorney General Robert Dreher, counsel for defendant, has filed an 19 unopposed motion to stay the current proceedings because “Department of Justice attorneys and 20 employees of the federal Defendant are prohibited from working, even on a voluntary basis” 21 during the current government shutdown. 22 As a general matter, no stays will be granted in criminal cases when a government 23 attorney has been furloughed. In civil cases, a stay may be granted only in cases when the 24 specific government attorney on the case has been furloughed. 25 Because Attorney Dreher and Department of Justice Attorney Stacey Bosshardt have 26 been furloughed due to the failure to adopt a federal budget, all proceedings in the instant action 27 will be stayed effective immediately and said stay will last only so long as Attorneys Dreher and 28 Bosshardt remain furloughed. Immediately upon resuming their duties, the stay will be lifted and all deadlines shall apply subject only to a day-for-day extension to the number of days they 1 were furloughed. Upon resuming their duties, Attorneys Dreher and Bosshardt shall advise the 2 Court that the stay has been lifted and provide a calculation of the extended deadlines. 3 The scheduled motion hearing on defendant’s motion to transfer and case management 4 conference are hereby VACATED. The motion hearing is re-scheduled for NOVEMBER 14, 2013, 5 AT 8:00 A.M. in anticipation that the current budget impasse will be resolved by then. The case 6 management conference is also rescheduled for NOVEMBER 14, 2013, AT 8:00 A.M. 7 8 IT IS SO ORDERED. 9 10 Dated: September 7, 2013. WILLIAM ALSUP 11 UNITED STATES DISTRICT JUDGE United States District Court For the Northern District of California

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