In Defense of Animals et al v. United States Department of the Interior et al

Filing 99

ORDER signed by Judge Morrison C. England, Jr on 9/28/11 GRANTING parties' modification of the page limitations. The filing deadlines are as follows: Plaintiffs' opening brief due by 11/10/2011, Federal Defendants' and Intervenors' ; cross-motion/response briefs due by 12/8/2011, Plaintiffs' response/reply brief due by 1/5/2012, Federal Defendants' and Intervenors' reply briefs due by 1/19/2012 and Plaintiffs' sur-reply brief due by 1/26/12. Hearing set for 2/23/2012 at 02:00 PM in Courtroom 7 (MCE) before Judge Morrison C. England Jr. (Donati, J)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 IN DEFENSE OF ANIMALS, et al., No. 2:10-cv-01852-MCE-DAD 12 Plaintiffs, 13 PRETRIAL SCHEDULING ORDER v. 14 15 16 17 KEN SALAZAR, in his official capacity as Secretary of the United States Department of the Interior, et al., Defendants, ____________________________ 18 19 SAFARI CLUB INTERNATIONAL, et al. 20 Defendant-Intervenors. ___________________________/ 21 22 23 After reviewing the parties’ Joint Status Report, the Court makes the following Pretrial Scheduling Order. 24 I. SERVICE OF PROCESS 25 All named Defendants have been served and no further service 26 is permitted without leave of court, good cause having been 27 shown. 28 /// 1 1 II. 2 No joinder of parties or amendments to pleadings is 3 ADDITIONAL PARTIES/AMENDMENTS/PLEADINGS permitted without leave of court, good cause having been shown. 4 III. JURISDICTION/VENUE 5 Jurisdiction is predicated upon 28 U.S.C. section 1131(a). 6 Jurisdiction and venue are not contested. 7 IV. 8 In agreeing that no need for additional discovery is 9 DISCOVERY indicated at this time, the parties appear to concede that 10 judicial review of agency decisions is limited to the 11 administrative record, unless a need to expand that record is 12 demonstrated by the parties. 13 Diversity v. U.S., 100 F.3d 1443, 1450 (9th Cir. 1996); see also 14 5 U.S.C. § 706. 15 to the administrative record unless good cause is found for 16 augmentation of that record. 17 a copy of the entire administrative record within 60 days of the 18 date of this Pretrial Scheduling Order. 19 written administrative record shall be filed concurrently with 20 the opening brief. 21 /// 22 /// 23 /// 24 /// 25 /// 26 /// 27 /// 28 /// See Southwest Center for Biological Consequently, the Court’s review will be limited Defendants shall provide Plaintiffs 2 The filing of the 1 V. 2 The Court grants the parties’ modification of the page 3 MOTION HEARING SCHEDULE limitations. 4 The filing deadlines are as follows: Plaintiffs’ Opening Brief (not to exceed 45 pages) November 10, 2011 Federal Defendants’ and Intervenors’ CrossMotions/Response Briefs (not to exceed 45 pages) December 8, 2011 Plaintiffs’ Response/ Reply Brief (not to exceed 60 pages) January 5, 2012 Federal Defendants’ and Intervenors’ Reply Briefs (not to exceed 25 pages) January 19, 2012 Plaintiffs’ Sur-Reply Brief (not to exceed 20 pages) January 26, 2012 13 14 Hearing February 23, 2012, 2:00 p.m. 5 6 7 8 9 10 11 12 15 All purely legal issues are to be resolved by timely 16 17 pretrial motions. Failure to comply with Local Rules 230 and 18 260, as modified by this Order, may be deemed consent to the 19 motion and the Court may dispose of the motion summarily. 20 Further, failure to timely oppose a summary judgment motion1 may 21 result in the granting of that motion if the movant shifts the 22 burden to the nonmovant to demonstrate that a genuine issue of 23 material fact remains for trial. 24 /// 25 /// 26 27 28 1 The Court urges any party that contemplates bringing a motion for summary judgment or who must oppose a motion for summary judgment to review Local Rule 260. 3 1 For the Court’s convenience, citations to Supreme Court 2 cases should include parallel citations to the Supreme Court 3 Reporter. 4 VI. TRIAL 5 The parties have informed the Court that they intend to 6 adjudicate this matter by way of dispositive motions; therefore, 7 a trial date has not been scheduled. 8 VII. MODIFICATION OF PRETRIAL SCHEDULING ORDER 9 The parties are reminded that pursuant to Rule 16(b) of the 10 Federal Rules of Civil Procedure, the Pretrial Scheduling Order 11 shall not be modified except by leave of court upon a showing of 12 good cause. 13 alone to modify the Pretrial Scheduling Order does not constitute 14 good cause. 15 unavailability of witnesses or counsel will not constitute good 16 cause. Agreement by the parties pursuant to stipulation Except in extraordinary circumstances, 17 VIII. 18 This Pretrial Scheduling Order will become final without 19 further order of the Court unless objections are filed within 20 seven (7) court days of service of this Order. 21 22 OBJECTIONS TO PRETRIAL SCHEDULING ORDER IT IS SO ORDERED. Dated: September 28, 2011 23 24 25 _____________________________ MORRISON C. ENGLAND, JR. UNITED STATES DISTRICT JUDGE 26 27 28 4