FILED
2025 OCTOBER 2
CLERK
U.S. DISTRICT COURT
THE UNITED STATES DISTRICT COURT
DISTRICT OF UTAH
IN THE MATTER OF:
GENERAL ORDER
THE LAPSE OF APPROPRIATIONS
FOR THE DEPARTMENT OF JUSTICE
25-005
AND MAJORITY OF FEDERAL AGENCIES
At midnight on September 30, 2025, the appropriations act that had been funding
the Department of Justice expired and appropriations to the Department lapsed. The
same is true for most other Executive agencies, including the Social Security
Administration’s Office of General Counsel, which is responsible for litigating cases filed
against SSA under 42 U.S.C. § 405(g). It is unknown when funding will be restored by
Congress.
Absent appropriations, Department of Justice Attorneys, Assistant U.S.
Attorneys, and employees of the Department of Justice and the United States Attorney’s
Office for the District of Utah 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. All Social Security
1
Administration Attorneys handling cases filed under 42 U.S.C. § 405(g) are also
prohibited from working during a lapse in appropriations.
As a result, on October 1, 2025, 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 of lack 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.
The United States Attorney's Office has sought a stay of all civil cases within the
District of Utah in which 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, including all Social Security cases. This request, however, does
not extend to matters pending in this District involving immigration and emergency
matters.
Further, the United States Attorney's Office has requested that the Court extend
all current deadlines commensurate with the duration of the lapse in appropriations, plus
seven days. This includes but is not limited to the automatic deadlines imposed on all
matters governed by the Supplemental Rules for Social Security Actions Under Section
42 U.S.C. § 405(g).
Based on the 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 extensions of time or
2
stays in cases, at a time when U.S. Attorney's Office personnel may not lawfully work, is
impracticable.
It is hereby ordered that, to preserve the status quo until restoration of funding,
all civil cases within the District of Utah in which the United States or an agency,
corporation, officer, or employee, deemed or otherwise, of the United States is a party
and all civil cases within the District of Utah in which the United States Attorney's Office
or the Department of Justice is counsel of record are stayed unless otherwise ordered
by the assigned district judge. This Order does not affect immigration or other
emergency civil matters.
Unless otherwise ordered by the assigned judge, all deadlines, due dates, or cut-
off dates are extended for a period commensurate with the duration of the lapse in
appropriations, plus seven days. And civil hearings involving the United States or an
agency, corporation, officer, or employee, deemed or otherwise, of the United States
are vacated and will be reset at a time after the lapse in appropriations.
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.
This Order does not prohibit, in any manner, the ability of parties to file claims or
commence actions against the United States. However, except for immigration or other
emergency civil matters, the cases or matters commenced while there is a lapse in
appropriations will be immediately stayed, pending restoration of appropriations unless
otherwise ordered by the assigned district judge.
3
The United States Attorney's Office shall notify the Court when Congress
restores appropriations to the Department of Justice, and the Court will enter additional
instructions and guidance at that time.
SO ORDERED this 2nd day of October 2025
BY THE COURT:
JILL N. PARRISH
CHIEF UNITED STATES DISTRICT JUDGE
4
