Shawler v. United States of America

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
BENJAMIN SHAWLER, and
COURTNEY SHRIVER,
Plaintiffs, 	Case No. 4:25-cv-11535
v. 	Honorable Susan K. DeClercq
United States District Judge
UNITED STATES OF AMERICA,
Defendant.
_____________________________________/
ORDER GRANTING GOVERNMENT’S MOTION TO STAY CASE (ECF
No. 8) AND STAYING CASE
In this case, Plaintiffs Benjamin Shawler and Courtnery Shriver are suing
Defendant United States of America (“the Government”) “for a return of monies
erroneously and illegally collected by the Internal Revenue Service” ECF No. 6 at
PageID.42.
On October 1, 2025, before the Government answered or otherwise responded
to Plaintiffs’ amended complaint, the Government filed a motion to stay the case
because the federal appropriations act expired on September 30, 2025, thereby
creating a lapse in appropriations to the Department of Justice (DOJ). ECF No. 8.
And during this lapse, DOJ attorneys are prohibited from working, even voluntarily,
except for limited circumstances involving emergencies for “the safety of human life
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of the protection or property.” 31 U.S.C. § 1342. Thus, the Government seeks a stay.
ECF No. 8 at PageID.78.
Given the lapse in appropriations preventing the Government’s counsel from
working, this Court will grant the Government’s motion to stay the case until it
receives notice that Congress has appropriated funds for the DOJ, or until further
order of this Court.
Accordingly, it is ORDERED that the Government’s Motion to Stay Case,
ECF No. 8, is GRANTED.
Further, it is ORDERED that the above-captioned case is STAYED until this
Court receives notice that Congress has appropriated funds for the Department of
Justice, or until further order of this Court.
This is not a final order and does not close the above-captioned case.
/s/Susan K. DeClercq
SUSAN K. DeCLERCQ
United States District Judge
Dated: October 23, 2025
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