Case 1:16-cv-01460-APM Document 113 Filed 01/14/19 Page 1 of 3

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLUMBIA

CIGAR ASSOCIATION OF AMERICA,

et al.,

Plaintiffs,

v. Civil Action No. 16-1460 (APM)

UNITED STATES FOOD AND DRUG

ADMINISTRATION, et al.,

Defendants.

CONSENT MOTION FOR A STAY OF PENDING DEADLINES

IN LIGHT OF A LAPSE IN APPROPRIATIONS

The United States of America respectfully moves for a stay of pending deadlines in this

case in light of a lapse in appropriations. Plaintiffs consent to this request with regard to

currently pending deadlines. In support of this motion, the Government states as follows:

1. At the end of the day on December 21, 2018, the appropriations act that had been

funding the Department of Justice expired and appropriations to the Department lapsed. The

Department does not know when funding will be restored by Congress.

2. Absent an appropriation, Department of Justice attorneys 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.

3. Undersigned counsel for the Department of Justice therefore requests a stay of

pending deadlines in this case until Congress has restored appropriations to the Department.
 Case 1:16-cv-01460-APM Document 113 Filed 01/14/19 Page 2 of 3

4. If this motion for a stay is granted, undersigned counsel will notify the Court as

soon as Congress has appropriated funds for the Department. The Government respectfully

requests that, at that point, all current deadlines for the parties be extended to a date 14 days after

funding resumes.

5. The Government will seek a corresponding extension of time for deadlines in

proceedings pending before the D.C. Circuit in this matter.

6. Pursuant to LCvR 7(m), undersigned counsel has conferred with counsel for

Plaintiffs, who stated that Plaintiffs consent to this motion.

Therefore, although we greatly regret any disruption caused to the Court and the other

litigants, the Government respectfully moves for a stay of pending deadlines in this case until

Department of Justice attorneys are permitted to resume their usual civil litigation functions.

Dated: January 14, 2019 Respectfully submitted,

Of counsel: BRETT A. SHUMATE

Deputy Assistant Attorney General
ROBERT P. CHARROW
General Counsel /s/ Eric B. Beckenhauer .
U.S. Dep’t of Health and Human Services ERIC B. BECKENHAUER
Trial Attorney
STACY CLINE AMIN U.S. Department of Justice
Chief Counsel Civil Division, Federal Programs Branch
Food and Drug Administration 1100 L Street NW
Washington, DC 20005
PERHAM GORJI (202) 514-3338
Deputy Chief Counsel for Litigation (202) 616-8470 (fax)
eric.beckenhauer@usdoj.gov
WENDY S. VICENTE
Senior Counsel Counsel for Defendants

ANNA K. THOMPSON
Associate Chief Counsel
Office of the Chief Counsel
Food and Drug Administration
10903 New Hampshire Avenue

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 Case 1:16-cv-01460-APM Document 113 Filed 01/14/19 Page 3 of 3

White Oak 31, Room 4562

Silver Spring, MD 20993-0002