IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW JERSEY
In re:
Stay of Civil Matters Involving
the United States as a Party : Standing Order No.1c%
This matter is before the Court 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 District of New Jersey (the “United
States Attorney’s Office”). 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 reduction in the workforce of the United States Attorney’s Office and
other federal agencies, particularly with respect to prosecution and defense of civil
cases. The Court, in response, and with the intent to avoid any default or prejudice
to the United States or other civil litigants occasioned by the lapse in funding,
enters this Order. As a result of the cited workforce reductions, it is hereby
ORDERED, effective that all civil litigation, with the
exception of Federal Trade Comnission t’. Gerber, Civil Action No. 14-6771(SRC)
and all pending Social Security cases, in the United States District Court for the
District of New Jersey 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 is immediately
suspended. postponed and held in abeyance continuing either (1) until the federal
government is funded through congressional appropriation or (2) for a period of
thirty (30) days from the date of entry of this Order, whichever comes sooner. The
Court may renew or modify this Order depending on developments during the stay
period. The Court intends “civil litigation” to include all pending 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 or the Department of Justice is counsel of record. This Order
includes, without further limitation, all other cases seeking monetary or equitable
relief in which the United States is involved as a civil litigant.
This Order suspends and continues, during the stay, any and all events and
deadlines in the affected civil litigation (whether established b order. rule. or
agreement), including but not limited to am’ scheduled proceedings, hearings.
discovers’ and pleading dates, and/or compliance and administration of consent
orders. No party will be required to take any steps in civil litigation affected until
expiration of the stay. The Court warns litigants that this Order 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.
Any litigant affected by this Order may seek relief from the Order by motion.
The Court may. in any particular case. vary the effect or operation of this Order by
a separate ruling.
The Court shall distribute this Order:
(a) by electronic service to all registered CM/ECF users;
(b) by first-class mail to unregistered civil litigants, including pro se
litigants, and to attorneys pending pro hac vice admission; and
(c) by posting the Order on the Court’s public website.
The Court shall clarify the status of case schedules upon expiration of the
stay and dependent on the timing of the funding resolution.
ENTER:
FOR THE COURT
Jo .Linares
ef District Judge
Dated in Newark, New Jersey this 2iay of 201$
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