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The Government Shutdown Comes to Court

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Last week, the Department of Justice asked federal district courts around the country to stay cases in which the United States was a party or even had an appearance on the record. In a September 30, 2013, DoJ memo, the plan for civil litigation was:

Civil litigation will be curtailed or postponed to the extent that this can be done without compromising to a significant degree the safety of human life or the protection of property. Litigators will need to approach the courts and request that active cases, except for those in which postponement would compromise to a significant degree the safety of human life or the protection of property, be postponed until funding is available. If a court denies such a request and orders a case to continue, the government will comply with the court’s order, which would constitute express legal authorization for the activity to continue. The Department will limit its civil litigation staffing to the minimum level needed to comply with the court’s order and to protect life and property.
Last week, the Chief Judge of the Southern District of New York granted the motion, in THIS ORDER.

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