Case 1:19-mc-00004 Document 3 Filed 01/15/19 Page 1 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
IN THE MATTER OF:
CIVIL PROCEEDINGS INVOLVING THE
UNITED STATES DURING FEDERAL
LAPSE IN APPROPRIATIONS 19-MC-00004-03
18-MC-00035-04
ORDER EXTENDING STAY OF
CIVIL CASES INVOLVING THE UNITED STATES
The United States Attorney for the District of New Mexico has moved this Court for an
order extending the Temporary Administrative Order (18-MC-00004, Doc. 55) entered on
December 27, 2018, staying all civil cases involving the United States based on the lapse of
appropriations to the Department of Justice. Finding good cause to grant the motion, the
Court orders as follows:
1. That the Temporary Administrative Order staying all civil cases involving the
United States is extended for the duration of the lapse in appropriations to the Department of
Justice.
2. 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.
3. This Order shall not affect Social Security disability appeals to the United States
District Court. The current stay imposed on those matters shall be lifted and the cases shall
proceed with all deadlines extended commensurate with the time the cases were stayed, from
December 22, 2018, through entry of this order, or as otherwise directed by the judge presiding
over those matters.
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4. 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.
5. 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
one. 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 one.
6. 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
bankruptcy cases where the reference has been withdrawn.
7. Further, any party may seek from the presiding judge an exception to this Order on
the basis of an exigency or other sound reason, and the presiding judge may grant, with or
without a motion, any relief from the order or exception it deems appropriate in a particular
case.
8. 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.
9. This Administrative Order is subject to modification or amendment should
circumstances so warrant.
10. The United States Attorney’s Office shall file a notice in all civil cases affected
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by this Order and shall attach to that notice a copy of this Order.
IT IS SO ORDERED this 15th day of January, 2019.
FOR THE COURT:
__ __
WILLIAM P. JOHNSON
CHIEF UNITED STATES DISTRICT JUDGE
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Notices
1:19-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 1/15/2019 at 4:53 PM MST and filed on 1/15/2019
Case Name: Administrative Orders
Case Number: 1:19-mc-00004
Filer:
Document Number: 3
Docket Text:
ORDER EXTENDING STAY OF CIVIL CASES INVOLVING THE UNITED STATES: In the Matter of Civil Proceedings Involving the United States During Federal
Lapse in Appropriations. (kmk)
1:19-mc-00004 Notice has been electronically mailed to:
1:19-mc-00004 Notice has been delivered by fax to:
1:19-mc-00004 Notice has been delivered by USPS to:
The following document(s) are associated with this transaction:
Document description:Main Document
Original filename:n/a
Electronic document Stamp:
[STAMP dcecfStamp_ID=1167529506 [Date=1/15/2019] [FileNumber=9696885-0
] [2c3b78dcc38379d36bcc3f397d286d693b8c15fc592dec11a4b88a5b68b26fc6c02
0e8396da72650e43f83aa8515de73b479db5e872e8fcaf4c7a46c90c044a5]]
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