UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF KENTUCKY
AMENDMENT TO GENERAL ORDER NO. 25-13
AMENDMENT TO GENERAL ORDER HOLDING IN ABEYANCE
CIVIL MATTERS INVOLVING THE UNITED STATES AS A PARTY
On October 1, 2025, the Court entered General Order No. 25-13 due to the lapse of
congressional appropriations funding the federal government, including the Department of
Justice and the United States Attorney’s Office for the Western District of Kentucky. The Court
indicated that it could renew or modify General Order No. 25-13 depending on developments in
the stay period.
Absent an appropriation, the United States represents that certain Department of Justice
attorneys and employees of the federal government 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. Therefore, the lapse in
appropriations requires a temporary furlough of the workforce of the United States Attorney’s
Office for the Western District of Kentucky and other federal agencies, particularly with respect
to prosecution and defense of civil cases.
The Court, in response and because of the cited workforce reductions, and with the intent
to avoid any default or prejudice to the United States or other civil litigants occasioned by the
lapse in funding, amends General Order No. 25-13 as follows:
IT IS HEREBY ORDERED that because of the lapse of appropriations needed to fund
the Office of the United States Attorney for the Western District of Kentucky and other federal
agencies, the stay implemented by General Order No. 25-13 beginning October 1, 2025, is
extended. All proceedings in civil litigation involving as a party the United States of America, its
agencies, its officers or employees (whether in their individual or official capacity and whether
current or former employees), and/or any other party represented by the Department of Justice or
the United States Attorney’s Office are stayed until such time that Congress has restored
appropriations to the Department of Justice and the United States Attorney’s Office for the
Western District of Kentucky. The Court intends “civil litigation” to include all non-criminal
cases in which the United States, its agencies, its officers or employees (whether in their
individual or official capacity and whether current or former employees) is in any way a named
party and any non-criminal cases in which the United States Attorney’s Office for the Western
District of Kentucky or the Department of Justice is counsel of record. This includes, without
limitation, all pending Social Security cases and all cases seeking monetary or equitable relief in
which the United States is involved as a civil litigant. This General Order does not affect habeas
corpus cases pending or filed under Chapter 153 of Title 28.
General Order No. 25-13, as amended, suspends and continues, during the stay, any and
all events and deadlines in the affected civil litigation (whether established by order, rule, or
agreement), including but not limited to any scheduled proceedings, hearings, and/or discovery
and pleading dates. No party will be required to take any steps in civil litigation affected until
expiration of the stay. The Court warns litigants that General Order No. 25-13, as amended, does
not purport to affect rights to or deadlines concerning appeal from any decision of this Court,
which will continue to operate and issue orders in the normal course.
IT IS FURTHER ORDERED that the United States Attorney’s Office for the Western
District of Kentucky shall forthwith notify the Court in writing when Congress has appropriated
funding for that Office and the date upon which its attorneys and employees will be able to
resume their duties in normal fashion; and
IT IS FURTHER ORDERED that all current deadlines in civil cases affected by General
Order No. 25-13, as amended, shall be extended for a period of time commensurate with the
duration of this stay or as otherwise directed by the judge overseeing the case.
The Court shall distribute General Order No. 25-13 and this amendment:
(a) by electronic service to all registered CM/ECF users; and
(b) by posting the General Order No. 25-13 and this amendment on the Court’s
public website.
Any litigant affected by General Order No. 25-13, as amended, may seek relief from the
order by motion. The Court may, in any particular case, vary the effect or operation of this
General Order by a separate ruling.
DATED: 10/15/2025
10/15/2025
