UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE
)
IN RE: )
FILED
FILED
CLERK’S OFFICE
CLERK’S OFFICE
) United
UnitedStates
StatesDistrict
DistrictCourt
Court
HOLDING IN ABEYANCE CIVIL ) Eastern District of Tennessee
MATTERS INVOLVING THE UNITED ) SO-24-02 Date:
STATES AS A PARTY DURING )
FEDERAL LAPSE IN )
APPROPRIATIONS )
)
ORDER
In the past, the federal government has faced a shutdown due to a lapse in congressional
appropriations. And a lapse in appropriations remains a possibility in the future. If a lapse in
appropriations were to occur, based on past experience, the Court anticipates that certain
Department of Justice attorneys and employees of the federal government may be prohibited
from providing uncompensated services on behalf of the Government except in very limited
circumstances, including “emergencies involving the safety of human life or the protection of
property.” 31 U.S.C. § 1342. The Court anticipates, therefore, that any relevant lapse in
appropriations will likely require a temporary reduction in the workforce of the Department of
Justice, the United States Attorney’s Office, and other federal agencies, particularly with respect
to the prosecution and defense of civil cases, and that the United States Attorney’s Office would
likely seek to postpone action until funding is available in most, if not all, pending civil cases in
which the United States, its agencies or employees are parties. 1 The Court, in preparation for
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For example, the Court notes that following the partial government shutdown that began
December 21, 2018, the United States Attorneys’ Office filed numerous motions with the Court,
in serial fashion, seeking to stay or extend deadlines in civil cases pending before the Court.
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such a contingency, and with the intent to avoid any default or prejudice to the United States
occasioned by a lapse in funding, sua sponte enters this Order to take effect immediately upon
any such future lapse. Therefore, effective on the date of any future lapse in appropriations for
the Department of Justice and the United States Attorney’s Office, and continuing for the entire
duration of the lapse, the Court hereby ORDERS as follows:
1. Any deadlines that are pending, or may become pending, during the lapse in
appropriations for the United States, its agencies, officers, or employees to respond, reply, or
object to complaints, motions, responses to motions, discovery papers, or briefs 2 in any civil
litigation, as defined below, are suspended during the lapse in appropriations.
2. Any deadlines suspended by this Order shall be extended to the later of (a)
twenty-one (21) days after the President signs into law an appropriations bill or continuing
resolution funding the Department of Justice and the United States Attorney’s Office; or (b) the
date of the original deadline.
3. The United States Attorney’s Office shall alert the Court as soon as practicable
if the lapse in appropriations does not affect the prosecution and defense of civil litigation, as
defined below.
4. Litigants in any civil litigation, as defined below, are invited to file any
necessary motions to modify trial dates or deadlines that are impacted by the lapse in
appropriations but not otherwise addressed by this Order.
5. Any litigant affected by this Order may seek relief from this Order by motion.
The Court may, in any case, vary the effect or operation of this Order by a separate ruling.
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The suspended deadlines would include, but not be limited to, applicable deadlines set forth in
Fed. R. Civ. P. 12, 15, 33, 34, 36, 45, 81; Supplement Rules for Social Security Actions under 42
U.S.C. § 405(g); and Local Rule 7.1.
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6. This Order does not affect habeas corpus cases pending or filed under Chapter
153 of Title 28.
7. This Order does not 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.
8. 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.
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 Eastern District of Tennessee. This Order does, however, apply to all
bankruptcy cases where the reference has been withdrawn.
10. 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.
11. This Order does not prohibit, in any manner, the ability of the parties to file
claims or commence actions against the United States. However, all response deadlines in such
cases shall be suspended in accordance with this Order.
12. “Civil litigation” shall include all pending non-criminal cases in which the
United States, its agencies, its officers, or its employees (whether in their individual or official
capacity and whether current or former employees) is in any way a named party and entitled, by
statute or rule, to representation by the United States Attorney’s Office or the Department of
Justice and any non-criminal cases in which the United States Attorney’s Office or the
Department of Justice is counsel of record. This includes, without limitation, all pending Social
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Security cases and all cases seeking monetary or equitable relief in which the United States is
involved as a civil litigant.
SO ORDERED.
_______________________________________
TRAVIS R. MCDONOUGH
CHIEF UNITED STATES DISTRICT JUDGE
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