IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF OKLAHOMA
OCT 01
IN THE MATTER OF ) a;.,
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IN APPROPRIATIONS )
TEMPORARY GENERAL ORDER
Before the Court is the matter of a lapse in appropriations currently impacting the
Department of Justice and the United States Attorney's Office for the Western District of
Oklahoma.
1. At midnight on September 30, 2025, funding for the Department of Justice
expired and appropriations for the Department lapsed. Many other Executive agencies are
also experiencing a lapse in appropriations.
2. Absent funding. Assistant U.S. Attorneys assigned to the Civil Division of
the U.S. Attorney's Office may not lawfully provide uncompensated services on behalf of
the Government.
An officer or employee ofthe 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 October 1, 2025, non-supervisory Assistant U.S.
Attorneys and support staff assigned to the Civil Division of the U.S. Attorney's Office,
funded by direct appropriations, will be in furlough status. Furlough means the placing of
an employee in a temporary status without duties because oflack of work or funds or other
nondisciplinary reasons. 5 U.S.C. § 7511(a)(5). If the funding situation does not change,
some Assistant U.S. 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
Western District of Oklahoma 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 ofthe U.S. Public Health Service pursuant
to the Federally Supported Health Centers Assistance Act("FSFICAA"), 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. 77(1995). These entities are shielded under the Federal Tort
Claims Act, 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)(1). Further, the United States Attorney has requested that the
Court extend all current deadlines commensurate with the duration of the lapse in
appropriations. This includes but is not limited to the electronic filing of all Social Security
Administration Transcripts.
4. Based on the number of cases involved, consulting all parties to all litigation
in which the United States, or any agency, corporation, officer, or employee of the United
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States is a party, is impracticable. Likewise, requesting individual extensions of time or
stays in cases, at a time when U.S. Attorney's Office personnel may not lawfully work, is
impracticable.
5. To preserve the status quo until restoration of funding, all civil cases within
the Western District of Oklahoma wherein the United States or an agency, corporation,
officer, or employee, deemed or otherwise, ofthe United States is a party are stayed unless
otherwise ordered by the assigned district judge. All deadlines, due dates, or cut-off dates
are extended for a period of time commensurate with the duration of the lapse in
appropriations.
6. Civil hearings involving the United States or an agency, corporation, officer,
or employee, deemed or otherwise, of the United States will be reset at a time after the
lapse in appropriations.
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 any agency
or office ofthe 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, pending
restoration of appropriations. All deadlines, response dates, due dates, or cut-off dates in
such cases will be extended for a period of time commensurate with the duration of the
lapse in appropriations.
9. The United States Attorney shall notify the Court when Congress restores
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appropriations to the Department of Justice, and the Court shall enter additional
instructions and guidance at that time.
IT IS SO ORDERED this V day of October 2025.
TIMOTHY D. DeGIUSTI
Chief United States District Judge
