Case 1:18-mc-00004 Document 55 Filed 12/27/18 Page 1 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
IN THE MATTER OF:
CIVIL PROCEEDINGS INVOLVING THE
UNITED STATES DURING FEDERAL 18-MC-00004-55
LAPSE IN APPRPRIATIONS 18-MC-00035-02
TEMPORARY ADMINISTRATIVE ORDER
RELATING TO CIVIL CASES INVOLVING THE UNITED STATES
Before the Court, and upon the Motion of the United States Attorney for the District of
New Mexico, is the matter of a lapse in appropriations currently impacting the Department
of Justice and the United States Attorney's Office for the District of New Mexico.
1. At midnight on December 21, 2018, funding for the Department of Justice
expired and appropriations to the Department lapsed. Many other Executive agencies are also
experiencing a lapse in appropriations.
2. Absent funding, Assistant United States Attorneys assigned to the Civil
Division of the United States Attorney's Office may not lawfully provide uncompensated
services on behalf of the Government.
An officer or employee of the United States Government . . . may not
accept voluntary services . . . exceeding that authorized by law
except for emergencies involving the safety of human life or the
protection of property.
. . . [T]he term "emergencies involving the safety of human life or
the protection of property" does not include ongoing, regular
functions of government the suspension of which would not
imminently threaten the safety of human life or the protection of
property.
31 U.S.C. § 1342. As a result, on December 21, 2018, with rare exception, non-
supervisory Assistant United States Attorneys assigned to the Civil Division of the United
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States Attorney's Office will be in furlough status. Furlough means the placing of an
employee in a temporary status without duties because of lack of work or funds or other
non-disciplinary reasons. 5 U.S.C. § 751l(a)(5). If the funding situation does not
change, some Assistant United States Attorneys may be called back from furlough status, but
only on a critical need basis to protect life or property.
3. The United States Attorney has sought a stay of all civil cases within the District
of New Mexico wherein the United States or an agency, corporation, officer or employee of
the United States is a party until Congress restores appropriations to the Department of
Justice. This includes those cases involving federally funded facilities (and their officers,
employees, and contractors) that the U.S. Department of Health and Human Services
Secretary has deemed to be employees of the U.S. Public Health Service pursuant to the
Federally Supported Health Centers Assistance Act ("FSHCAA"), 42 U.S.C. § 233(g)-(n),
as amended by the Federally Supported Health Centers Assistance Act of 1995, Pub. L. No.
104-73, 109 Stat. 777 (1995). These entities are shielded under the Federal Tort Claims Act
("FTCA"), 28 U.S.C. §§ 1346(b), 2671-2680 from liability while acting within the scope of
their duties, with the United States assuming liability for any negligent acts they may
commit. 42 U.S.C. § 233(g)(l). Further, the United States Attorney has requested that
the Court extend all current deadlines commensurate with the duration of the lapse in
appropriations.
4. Based on the time constraints and number of cases involved, consulting all
parties to all litigation in which the United States, or an agency, corporation, officer or
employee of the United States is a party, is impracticable. Likewise, requesting individual
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extensions of time or stays in cases at a time when United States Attorney's
Office personnel may not lawfully work, is impracticable.
5. To preserve the status quo until restoration of funding, except as otherwise noted
in this Order, all civil cases within the District of New Mexico wherein the United States or an
agency, corporation, officer or employee, deemed or otherwise, of the United States is a party
are temporarily stayed. All deadlines, due dates or cut-off dates are extended for a period of
time commensurate with the duration of the lapse in appropriations, but in no case beyond
January 16, 2019, absent further Order of the Court.
6. This Order shall not affect civil forfeiture cases or proceedings relating to the
collection of outstanding judgment debts because those matters are handled by Assistant United
States Attorneys in the Criminal Division of the United States Attorney's Office.
7. This Order does not alter, vacate or stay any obligation of individuals to pay
amounts previously lawfully determined to be owed to the United States or to an agency or
office of the United States.
8. This Order does not prohibit, in any manner, the ability of parties to file claims or
commence actions against the United States. However, the cases or matters commenced while
there is a lapse in appropriations will be immediately stayed, as set forth above in paragraph
five. All deadlines, response dates, due dates or cut-off dates in such cases will be extended for
a period of time commensurate with the time schedule set forth in paragraph five.
9. This Order does not apply to motions for temporary restraining orders and
injunctive relief. This Order also does not apply to cases pending in the United States
Bankruptcy Court for the District of New Mexico. This Order does, however, apply to all
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bankruptcy cases where the reference has been withdrawn.
Further, any party may seek with the presiding judge an exception to this Order on
the basis of an exigency or as the presiding judge deems appropriate.
10. The United States Attorney shall notify the Court when appropriations are
restored to the Department of Justice, and the Court shall enter additional instructions
and guidance at that time.
11. This Administrative Order is subject to modification or amendment should
circumstances so warrant.
IT IS SO ORDERED this 27th day of December, 2018.
FOR THE COURT:
______________________________________
WILLIAM P. JOHNSON
CHIEF UNITED STATES DISTRICT JUDGE
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Notices
1:18-mc-00004 Administrative Orders
U.S. District Court
District of New Mexico - Version 6.2.1
Notice of Electronic Filing
The following transaction was entered on 12/27/2018 at 11:08 AM MST and filed on 12/27/2018
Case Name: Administrative Orders
Case Number: 1:18-mc-00004
Filer:
Document Number: 55
Docket Text:
TEMPORARY ADMINISTRATIVE ORDER RELATING TO CIVIL CASES INVOLVING THE UNITED STATES: In the Matter of Civil Proceedings Involving the United
States During Federal Lapse in Appropriations. (kmk)
1:18-mc-00004 Notice has been electronically mailed to:
1:18-mc-00004 Notice has been delivered by fax to:
1:18-mc-00004 Notice has been delivered by USPS to:
The following document(s) are associated with this transaction:
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[STAMP dcecfStamp_ID=1167529506 [Date=12/27/2018] [FileNumber=9664178-
0] [a4399daac182a21747d8eb37b0d5899677fde4cf43544f068f513fa986b948acae
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