Missouri Edmo 4 21 Cv 01300 8Th 21 3725 Doc 058 Att 0

Summary

Defendants' consent motion to stay the deadline to submit a notice regarding magistrate judge jurisdiction, filed May 30, 2023 in The State of Missouri, et al. v. Joseph R. Biden, et al., No. 4:21-cv-01300-JSD, in the U.S. District Court for the Eastern District of Missouri, as Doc. 58. The motion states that the case is stayed pending final disposition of Defendants' appeal, that the matter was reassigned to Magistrate Judge Joseph S. Dueker on May 8, 2023, and that the Clerk set a May 31, 2023 deadline for the notice. It notes that on May 15, 2023 Appellants moved to dismiss the appeal in State of Missouri v. Biden, 22-1104 (8th Cir.). Defendants ask that the deadline be stayed pending the appeal, and state that Plaintiffs consent. The two-page motion is signed by Department of Justice Civil Division trial attorneys.

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 Case: 4:21-cv-01300-JSD Doc. #: 58 Filed: 05/30/23 Page: 1 of 2 PageID #: 1311




                                     UNITED STATES DISTRICT COURT
                                 FOR THE EASTERN DISTRICT OF MISSOURI

 THE STATE OF MISSOURI, et al.                  )
                                                )
                   Plaintiffs,                  )
                                                )
 v.                                             )
                                                )            Case No. 1:21-cv-1300
 JOSEPH R. BIDEN in his official                )
 capacity as President of the United            )
 States, et al.                                 )
                                                )
                   Defendants.                  )
                                                )

             DEFENDANTS’ CONSENT MOTION TO STAY DEADLINE
       TO SUBMIT NOTICE REGARDING MAGISTRATE JUDGE JURISDICTION

         Defendants hereby move to stay the deadline to submit a notice regarding magistrate

jurisdiction and state as follows:

      1. This case is currently stayed pending final disposition of Defendants’ appeal. Order, ECF

         No. 46.

      2. On May 8, 2023, the Clerk of Court reassigned this matter to Magistrate Judge Joseph S.

         Dueker. Reassignment Order, ECF No. 589. The reassignment order noted that “[a]ll

         deadlines previously set remain in effect unless otherwise ordered by the Court.” Id.

      3. On May 24, 2023, the Clerk of Court docketed a notice instructing the parties to submit a

         notice regarding magistrate-judge jurisdiction by May 31, 2023.

      4. Defendants’ appeal remains pending and this court’s stay remains in place. 1 Given the

         posture of this case, Defendants request that the clerk stay the deadline to submit a notice




         1
         On May 15, 2023, Appellants moved to dismiss the case on appeal. Mot. to Dismiss
Case, State of Missouri v. Biden, 22-1104 (8th Cir.). That motion remains pending.
                                                      1
 Case: 4:21-cv-01300-JSD Doc. #: 58 Filed: 05/30/23 Page: 2 of 2 PageID #: 1312




      regarding magistrate-judge jurisdiction pending final disposition of Defendants’ appeal.

      Plaintiffs consent to Defendants’ request.



Dated: May 30, 2023                                Respectfully submitted,

                                                   BRIAN M. BOYNTON
                                                   Principal Deputy Assistant Attorney General

                                                   BRAD P. ROSENBERG
                                                   Special Counsel

                                                   /s/ Vinita B. Andrapalliyal
                                                   VINITA B. ANDRAPALLIYAL
                                                   ZACH A. AVALLONE
                                                   Trial Attorneys
                                                   United States Department of Justice
                                                   Civil Division, Federal Programs Branch
                                                   P.O. Box No. 883, Ben Franklin Station
                                                   Washington, DC 20044
                                                   Phone: (202) 305-0845
                                                   Fax: (202) 616-8470
                                                   E-mail: vinita.b.andrapalliyal@usdoj.gov

                                                   Attorneys for Defendants




                                                    2


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