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Center for Biological Diversity v. Export-Import Bank

United States District Court, Ninth Circuit

October 8, 2013

CENTER FOR BIOLOGICAL DIVERSITY, et al., Plaintiffs,
v.
EXPORT-IMPORT BANK OF THE UNITED STATES, et al., Defendants.

ROBERT G. DREHER, Acting Assistant Attorney General U.S. Department of Justice Environment & Natural Resources Division, MEREDITH L. FLAX, Senior Trial Attorney (D.C. Bar No. 468016), Wildlife & Marine Resources Section Washington, D.C., KRISTOFOR SWANSON, Trial Attorney, (CO Bar No. 39378), Natural Resources Section, Washington, D.C., Attorneys for Federal Defendants.

Sarah Uhlemann, (WA Bar No. 41164), Center for Biological Diversity, Seattle, WA,

Brendan Cummings, (CA Bar No. 193952), Center for Biological Diversity, Joshua Tree, CA,

Miyoko Sakashita, (CA Bar No. 239639), Center for Biological Diversity, San Francisco, CA, Counsel for Plaintiffs.

STIPULATION TO STAY CASE IN LIGHT OF LAPSE OF APPROPRIATIONS

SAUNDRA BROWN ARMSTRONG, District Judge.

Pursuant to Local Rules 6-1, 6-2, and 7-12, the parties hereby stipulate to a stay of the above-captioned case in light of the lapse in appropriations to the federal government:

1. At the end of the day on September 30, 2013, the appropriations act that had been funding the Department of Justice expired and appropriations to the Department lapsed. The same is true for most Executive agencies, including the federal defendants. The Department does not know when funding will be restored by Congress.

2. Absent an appropriation, Department of Justice attorneys and employees of the federal defendants 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. ยง 1342.

3. Undersigned counsel for the Department of Justice therefore requests a stay of the case until Congress has restored appropriations to the Department.

4. If this stipulation is granted, undersigned counsel for the Department of Justice will notify the Court as soon as Congress has appropriated funds for the Department. The Government requests that, at that point, the current deadlines be extended commensurate with the duration of the lapse in appropriations. The parties will meet and confer within two days of notification of the Court and file a proposal for a schedule for further proceedings in this case.

5. The United States greatly regrets any disruption caused to the Court and the other litigants.

Therefore, the parties hereby stipulate to a stay of the case until Congress has appropriated funds for the Department of Justice and Department attorneys are permitted to resume their usual civil litigation functions.

PURSUANT TO STIPULATION, IT IS SO ORDERED.


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