Natural Resources Defense Council et al v. Norton et al

Filing 1027

FURTHER SCHEDULING ORDER signed by Chief Judge Lawrence J. O'Neill on June 3, 2016. (Munoz, I)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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NATURAL RESOURCES DEFENSE
COUNCIL, et al.,

FURTHER SCHEDULING ORDER
Plaintiffs,

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v.

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Case No. 1:05-cv-01207 LJO-EPG

SALLY JEWELL, in her official capacity
as Secretary of the Interior, et al.,

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Defendants.

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SAN LUIS & DELTA MENDOTA
WATER AUTHORITY, et al.,
Defendants-Intervenors.

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ANDERSON-COTTONWOOD
IRRIGATION DISTRICT, et al.,
Joined Parties.

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Having read and considered the Parties’ Joint Scheduling Proposal, Doc. 1026, the Court

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establishes the following schedule for further proceedings in this case:

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Responsive Pleadings:

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

June 20, 2016: Motion(s) to dismiss and other responsive pleadings shall be filed.

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

July 12, 2016: Opposition briefs to motion(s) to dismiss shall be filed.

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

July 22: Reply briefs for motion(s) to dismiss shall be filed.

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Administrative Record:


August 5, 2016: Federal Defendants shall distribute to all parties a draft AR index

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summarizing the proposed contents of the AR for purposes of informing a meet and confer

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process regarding any potential disputes.

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

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the AR.

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

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20 days after Court’s ruling on motions to dismiss: The Federal Defendants shall lodge

14 days after AR is lodged: All motions regarding completeness of the AR shall be filed.

Briefing shall take place according to the local rules.


7 days after Court’s ruling on any disputes regarding completeness of the AR:

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Federal Defendants shall complete any changes to the AR to conform with the Court’s rulings.

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Cross-Motions for Summary Judgment:

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

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filed.

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

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30 days after AR deemed complete: Plaintiffs’ motion for summary judgment shall be

30 days after Plaintiffs’ motion for summary judgment: Defendants’ opposition briefs

and, if any, Defendants’ motion(s) for summary judgment shall be filed.


21 days after Defendants’ opposition and any motion(s) for summary judgment:

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Plaintiffs’ reply brief and opposition briefs to Defendants’ motion(s) for summary judgment shall

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be filed.

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

14 days after Plaintiffs’ opposition: Defendants’ reply brief(s) for motion(s) for

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summary judgment shall be filed.

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Discovery for Sixth Claim:

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

21 days after AR is lodged: Notice must be provided to the Court and all parties

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regarding any intent to seek discovery on the Sixth Claim. The parties are directed to meet and

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confer in advance of this notice deadline in an attempt to reach agreement on the scope of and

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schedule for any such discovery. If agreement cannot be reached, the party requesting discovery

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shall submit a proposal regarding the scope of and schedule for discovery. In addition, the

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requesting party shall specifically address how its proposed discovery schedule will impact the

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summary judgment process as to the other claims in this case. As noted in its May 24, 2016 Order

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Re Further Scheduling, the Court is not inclined toward two separate rounds of summary

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judgment motions. Doc. 1205 at 2. Any proposal that recommends such a process must

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specifically address why bifurcating summary judgment serves the interests of judicial or party

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efficiency and/or the public interest. Any opposing party may have three additional days to

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submit a response.

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IT IS SO ORDERED.
Dated:

/s/ Lawrence J. O’Neill _____

June 3, 2016

UNITED STATES CHIEF DISTRICT JUDGE

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