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GENERAL ORDER 18-02, SECOND AMENDED
UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF omo
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GENERAL ORDER
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SECOND AMENDED EXTENSION OF GENERAL ORDER HOLDING.IN,;
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CIVIL MATTERS INVOLVING THE UNITED STATES AS A PARTY
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 Southern District of Ohio. 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 for the Southern District of Ohio 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, sua sponte enters this General Order. As a result of the cited
workforce reductions, it is hereby
ORDERED, effective December 26, 2018, that all 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 is immediately suspended,
postponed and held in abeyance until further order of this Court. The Court may modify this
General Order depending on developments in 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 for the Southern District of Ohio 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. The General
Order does not affect habeas corpus cases pending or filed under Chapter 153 of Title 28.
This General Order 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 this General 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 General Order 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.
The Court shall distribute this General Order:
(a) by electronic service to all registered CM/ECF users;
(b) by first-class mail in all civil cases in which the United States Attorney's
Office for the Southern District of Ohio or the Department of Justice is
counsel of record to unregistered civil litigants, including pro se litigants, and
to attorneys pending pro hac vice admission within seven days of this Order;
and
( c) by posting the General 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
E<hn
~ argus, Jr.
Chief United States District Judge
Dated at Columbus, Ohio this a~--w1 day of January, 2019
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