DOJ Seeks Extensions on a Number of Cases Due to Shutdown, Numerous Attorney Departures
Facing post-shutdown attorney departures and work pileups, DOJ has asked the Court of International Trade for deadline extensions for a number of pending cases.
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During the government shutdown, which lasted from Oct. 1 through Nov. 12, most DOJ attorneys were prohibited from working.
"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,'" the department said in an out-of-time request for an extension to file an administrative index, which was granted by the court. "Commerce had no personnel who were excepted to work on matters before the Court."
Further, at least five attorneys have been confirmed to have left the department recently, according to LinkedIn profiles and court filings -- Luke Mathers (see 2511180013), Emma Bond, Kyle Beckrich (see 2511170053), Nico Gurian (see 2511040053) and Daniel Bertoni. Their cases have been split up among remaining attorneys.
DOJ attorney Sosun Bae said in a consent motion to extend a comments deadline in Archer Daniels Midland Company v. United States that, since the shutdown ended, she "has been required to devote the majority of her time to coordinating with client agencies and counsel for other parties to set new schedules or otherwise manage proceedings in over a dozen cases that had either been stayed due to the lapse in appropriations or were newly assigned to counsel upon her return."
And in his request for more time to respond to a complaint in Cabinetworks v. United States, DOJ attorney Mathias Rabinovitch stated that he recently received the case after the attorney previously assigned to it, Nico Gurian, left DOJ on Oct. 31. He also said he has been reassigned to several other cases formerly held by "two attorneys who have left employment with the Department."
DOJ attorney Tara Hogan also observed, in Posco v. United States, that the upcoming holidays have further slowed department proceedings due to "limited personnel."
In a pair of scheduling motions filed Nov. 21 and 24, DOJ attorney Monica Triana said she is "handling close to 20 matters, all of which have due dates in the coming months, and one of which is on an expedited schedule."