Giller v. United States of America

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
Deborah S. Giller,
Plaintiff,
v.
United States of America,
Defendant.
Case No. 24-cv-2650 (SRN/DJF)
ORDER
This matter is before the Court on Defendant’s Motion to Amend Pretrial Scheduling Order
(“Motion”) (ECF No. 44). Defendant’s Motion requests that the Court amend the Pretrial
Scheduling Order (ECF No. 13) to add a four-month extension to the dispositive motion deadline.
(ECF No. 45 at 1.) The Court denies Defendant’s request, for several reasons.
First, the Court has already granted the government multiple extensions in light of its limited
capacity to litigate this case (see ECF Nos. 32, ECF No. 35, and ECF No. 41). It does not serve the
interests of judice for the Court to delay this case indefinitely simply because the Government has
failed to allocate sufficient resources to defend it. Plaintiff is entitled to have her case heard.
Moreover, the Court notes that the ongoing staffing crisis in the U.S. Attorney’s Office is one of its
own making. While the Court fully sympathizes with counsel and appreciates the pressure counsel
is under—indeed the Court itself has been burdened with the same crush of immigration habeas
cases—the Court cannot fairly absolve the federal Government of its responsibilities in other matters
because of the choices it has made.
Second, the Court notes that the February 13, 2026 dispositive motion deadline in this case
(see ECF No. 41) is not a filing deadline; it is a deadline to contact the presiding District Judge,
Susan R. Nelson, to schedule a hearing date (see ECF No. 13). As the Court’s Pretrial Scheduling
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Order further notes, “at least two to three months advance notice is necessary to place a dispositive
motion on the calendar.” (Id.) Defendant’s motion papers will not be due until 42 days prior to the
scheduled hearing date. (Id.) Surely, notwithstanding the large volume of cases defense counsel is
managing, counsel can find time to call the Judge Nelson’s chambers to schedule a hearing.
ORDER
Based on the foregoing, and on all the files, records, and proceedings here, IT IS HEREBY
ORDERED that Defendant’s Motion to Amend Pretrial Scheduling Order (ECF No. 44) is
DENIED. The February 13, 2026 deadline to contact Judge Nelson’s chambers and schedule a
dispositive motion hearing remains unchanged.
Dated: February 6, 2026 s/ Dulce J. Foster
Dulce J. Foster
United States Magistrate Judge
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