Now that the government shutdown is over, USDA has asked the Court to resume the case…
On October 23, 2013, attorneys for the USDA filed an Unopposed Motion for a Briefing Schedule.
The motion notes that on October 16, the Court ordered a stay in the case until funding was restored to the governmental offices related to this case.
Funding was in fact restored a day later on October 17, so the USDA is now asking the court to lift the stay and resume the case.
USDA then noted that Plaintiffs’ counsel have filed a lengthy motion for attorneys’ fees and asked that the Court split the response into two pieces. USDA proposes that first, the USDA would respond to the motion regarding whether any attorneys’ fees are even available at all to Plaintiffs’ Counsel by November 30, 2013 and Plaintiffs’ response would be due on December 20, 2013.
If the Court finds that Plaintiffs’ counsel is entitled to attorneys’ fees, USDA proposes that the parties will then propose a schedule to the Court for USDA’s response, and any reply by Plaintiffs, on the amount of fees, costs, and/or expenses to which Plaintiffs are entitled.
Plaintiffs’ counsel consents to the proposed briefing schedule.
The Court has not yet ruled on the motion or lifted the stay.