Pinnacle Armor, Inc. vs. USA

Filing 97

ORDER SETTING BRIEFING SCHEDULE signed by Magistrate Judge Stanley A Boone on 6/5/2013. (Hernandez, M)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 PINNACLE ARMOR, INC., 12 Case No. 1:07-cv-01655-LJO-SAB Plaintiff, ORDER SETTING BRIEFING SCHEDULE 13 14 v. UNITED STATES OF AMERICA, 15 Defendant. 16 17 A scheduling conference was held on June 5, 2013, to set a briefing schedule in this 18 action. The parties are advised that, as District Judge O’Neill set forth in the order addressing 19 Plaintiff’s motion to supplement the administrative record, “APA cases are resolved on cross- 20 motions for summary judgment, frequently with the defendant filing an opening brief, the 21 plaintiff filing a single brief encompassing its opposition and cross-motion, followed by a reply 22 from the defendant, and concluding with a reply from the plaintiff.” (Order re Plaintiff’s Motion 23 to Supplement the Record 24:9-13, ECF No. 81.) Based on the discussion during the hearing, 24 IT IS HEREBY ORDERED that: 25 1. Defendant’s motion for summary judgment shall be filed on or before July 19, 2013; 26 2. Plaintiff's cross motion for summary judgment and opposition to Defendant’s motion 27 for summary judgment, filed as a single brief, shall be filed on or before August 23, 28 2013; 1 1 3. Defendant's opposition and reply to Plaintiff's cross motion, again filed as a single 2 brief, shall be filed on or before September 13, 2013. 3 4. Plaintiff's reply shall be filed on or before October 4, 2013; and 4 5. The hearing on the parties’ cross motions for summary judgment is set before District Judge Lawrence J. O’Neill on October 16, 2013, at 11:00 a.m. in Courtroom 4. 5 6 7 IT IS SO ORDERED. 8 Dated: 9 June 5, 2013 _ _ UNITED STATES MAGISTRATE JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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