Pacific Coast Federation of Fishermen's Associations et al v. United States Department of the Interior et al

Filing 63

SCHEDULING ORDER: Amdin. Record To Be Lodged : July 19, 2013, Plaintiffs' MSJ Deadline: August 23, 2013, Defs' Cross-MSJ/Opp'n: September 27, 2013, Plaintiffs' Opp'ns/Reply: October 25, 2013, Defendants' Reply: Nov. 22, 2013 signed by Magistrate Judge Michael J. Seng on 05/31/2013. (Yu, L)

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA

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PACIFIC COAST FEDERATION OF
FISHERMEN’S ASSOCIATIONS and
SAN FRANCISCO CRAB BOAT
OWNERS ASSOCIATION, INC.,

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Plaintiffs,
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v.
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UNITED STATES DEPARTMENT OF
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THE INTERIOR, and UNITED STATES )
BUREAU OF RECLAMATION,
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Defendants,
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WESTLANDS WATER DISTRICT, SAN )
LUIS WATER DISTRICT, and
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PANOCHE WATER DISTRICT,
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Defendant-Intervenors.
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________________________________ )
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1:12-CV-01303-LJO-MJS
SCHEDULING ORDER (Fed. R. Civ. P 16)

Admin. Record To Be Lodged: July 19,
2013
Plaintiffs' MSJ Deadline: Aug. 23, 2013
Defs' Cross-MSJ/Opp'n: Sept. 27, 2013
Plaintiffs' Opp'ns/Reply:
Defendants' Reply:

Oct. 25, 2013

Nov. 22, 2013

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This Court conducted a scheduling conference on May 30, 2013. All parties
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appeared by telephone. Stephan Volker appeared on behalf of Plaintiff. Joseph H. Kim
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appeared on behalf of Defendant. Martin Ruano appeared on behalf of Defendant20
Intervenors.
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Pursuant to Fed. R. Civ. P. 16(b), this Court sets a schedule for this action.
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1.

Current Status of Consent to Magistrate Judge Jurisdiction

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Pursuant to 28 U.S.C. § 636(c), not all the parties have consented to conduct all
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further proceedings in this case before the Honorable Michael J. Seng, U.S. Magistrate
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Judge.
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2.

Joinder of Additional Parties and Amendment of Pleadings

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No additional parties or amendments to the pleadings are contemplated at this
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time.

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3.

Discovery, Evidence, Pretrial, and Trial Procedures
The parties anticipate that this case can and will be resolved on the basis of the

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evidence existing in the Administrative Record. and the parties' cross-motions for

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summary judgement. Accordingly, the Court schedules the filing of the record and filing

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of cross motions for summary judgement papers as below, while reserving discussion

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and resolution of issues related to other potential discovery, evidence, pretrial, and trial

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procedures and isses until after the Court rules on the cross-motions for summary

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judgment.

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4.

Administrative Record
On or before July 19, 2013, Defendants shall lodge with the Court and serve on

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the all parties a copy of the Administrative Record in an electronically accessible format.

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Defendants shall also electronically file in the record of this case an index to the

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Administrative Record and a notice that the Administrative Record has been so lodged.

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Defendants shall retain an identical copy of the electronically accessible Administrative

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Record for purposes of appeal.

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5.

Dispositive Motions Schedule

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a.

Briefing Limits.

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Unless prior leave of the Court is obtained, no moving or opposition briefs or

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legal memorandum shall exceed twenty-five (25) pages. Reply briefs by the moving

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party shall not exceed ten (10) pages. These page limitations do not include exhibits.

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Briefs that exceed these page limitations may not be considered by the Court.

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b.

Non-Dispositive Motions

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Counsel do not anticipate the filing of any non-dispositive motions. In the event a

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need for same appears to arise, the party wishing to file such a motion must contact

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Judge Seng's courtroom deputy Laurie Yu and arrange a Telephonic Dispute

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Conference. No non-dispositive motions may be filed without approval of Judge Seng.

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b.

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The Parties have agreed to file cross-motions for summary judgment on or

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Dispositive Motions

before the following respective deadlines:

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Plaintiffs' Summary Judgment Motion:

August 23, 2013

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Defendants' Cross-Motions and Oppositions:

September 27, 2013

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Plaintiffs' Oppositions and Replies:

October 25, 2013

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Defendants' Replies:

November 22, 2013

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No hearing date will be set at this time. Upon review of all of the pleadings, the

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Court will notify the parties if the Court believes a hearing would help resolve the
disputes.
Inasmuch as the Court’s factual review will be limited to the Administrative

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Record, the parties are exempted from filing and responding to "Statements of

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Undisputed Facts" otherwise required by L.R. 260(a) and (b).

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Prior to filing a motion for summary judgment or motion for summary adjudication

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the parties are ORDERED to meet, in person or by telephone, and confer to discuss the

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issues to be raised in the motion. The purpose of the meeting shall be to: 1) determine

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whether the respondent agrees that the motion has merit in whole or in part, 2) discuss

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whether issues can be resolved without the necessity for briefing, 3) narrow the issues

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for review by the court, and 4) explore the possibility of settlement before the parties

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incur the expense of briefing a summary judgment motion.
In the notice of motion, the moving party shall certify that the parties have met

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and conferred as ordered above or set forth a statement of good cause for the failure to

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meet and confer.

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9.

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Prospects for Settlement
The Parties indicate that prospects for settlement are remote. Accordingly, no

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settlement conference will be scheduled. Should future developments lead the Parties

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to believe a settlement conference would be helpful, the Parties are encouraged to

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contact the Court.
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There are no pending related matters.

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Related Matters Pending

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Compliance with Federal Procedure
All counsel are expected to familiarize themselves with the Federal Rules of Civil

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Procedure and the Local Rules of Practice of the Eastern District of California, and to

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keep abreast of any amendments thereto. The Court must insist upon compliance with

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these Rules if it is to efficiently handle its increasing case load and sanctions will be

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imposed for failure to follow the Rules as provided in both the Federal Rules of Civil

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Procedure and the Local Rules of Practice for the Eastern District of California.

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13.

Effect of this Order
This order represents the best estimate of the court and counsel as to the

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agenda most suitable to dispose of this case. If the parties determine at any time that

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the schedule outlined in this order cannot be met, counsel are ordered to notify the

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court immediately of that fact so that adjustments may be made, either by stipulation or

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by subsequent status conference.

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The dates set in this Order are considered to be firm and will not be

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modified absent a showing of good cause even if the request to modify is made

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by stipulation. Stipulations extending the deadlines contained herein will not be

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considered unless they are accompanied by affidavits or declarations, and where

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appropriate attached exhibits, which establish good cause for granting the relief

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requested.
The failure to comply with this order may result in the imposition of sanctions.

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IT IS SO ORDERED.

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Dated:
ci4d6

May 31, 2013

Michael J. Seng

/s/
UNITED STATES MAGISTRATE JUDGE

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