North Coast Rivers Alliance, et al. v. United States Department of the Interior, et al.

Filing 62

SCHEDULING ORDER: Amended Complaint due by 9/29/2017, Responsive pleadings due by 11/29/2017. A Supplemental Scheduling Conference is set for 12/1/2017 at 10:00 AM in Courtroom 6 (MJS) before Magistrate Judge Michael J. Seng. Any party may parti cipate telephonically by advising Courtroom Deputy [e-mail] at least two days before the Conference of its intent to so appear and by calling [phone] and entering code 4446176 five minutes before the Conference is to begin, signed by Magistrate Judge Michael J. Seng on 8/25/2017. (Lafata, M)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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NORTH COAST RIVERS ALLIANCE,
ET. AL.,

SCHEDULING ORDER (Fed. R. Civ. P. 16)
Plaintiff,

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1:16-cv-00307-LJO-MJS

v.
UNITED STATES DEPARTMENT OF
THE INTERIOR, ET. AL. ,

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Defendant.

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I.

A telephonic Scheduling Conference was held before the undersigned on

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August 24, 2017.
II.

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Plaintiffs, North Coast Rivers Alliance, et. al. Judith Coleman, Esq. appeared on behalf
of Defendants, United States Department of the Interior and United States Bureau of
Reclamation. Cynthia Larsen, Esq. appeared on behalf of Intervener water districts.
III.

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Consent to Magistrate Judge Jurisdiction
There is no collective consent to Magistrate Judge Jurisdiction for all

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Appearances of Counsel
Stephan Volker, Esq. and Alexis Krieg, Esq. appeared on behalf of

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Date of Scheduling Conference

purposes pursuant to 28 U.S.C. 636 (c).
IV.

Unique APA Proceeding
This is an appeal challenging actions taken by Defendant administrative
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agencies. Pursuant to the Federal Administrative Procedures Act, the Court will address

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the issues based upon its review of the administrative record and decide those issues as

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a matter of law. It is anticipated that this action will be resolved on the basis of cross

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motions for summary judgment which will be filed according to a schedule to be

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determined in the manner discussed below. Accordingly, traditional procedures relating

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to discovery, evidence, pretrial and trial are not applicable and will not be addressed

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here.

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V.

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Plaintiffs will have until September 29, 2017, to file a First Amended
Complaint if they elect to do so.
VI.

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Pleading Amendment Deadline

Response to Complaint/First Amended Complaint
All responsive pleadings, including any motion filed pursuant to FRCP 12,

shall be filed on or before November 29, 2017.
VII.

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Filing of the Administrative Record
Absent the filing of a FRCP Rule 12 motion, Defendants shall lodge the

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administrative record with the Court on or before November 29, 2017. The record may

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be lodged on CD or other electronic form provided that all exhibits are indexed and

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easily retrievable electronically via Bate stamp numbers or otherwise.

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Plaintiffs shall have 21 days after the administrative record is lodged to file
objections to it and/or requests to supplement it.

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In the event a FRCP Rule 12 motion is filed as above provided, the

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deadline for lodging the administrative record shall be determined at the supplemental

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scheduling conference provided for below.

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VIII.

Supplemental Scheduling Confernce
The parties shall file a Supplemental Joint Scheduling Conference report

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on or before November 15, 2017. That Report shall supplement, but not repeat, the

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contents of their August 17, 2017 Joint Scheduling Report [ECF No. 60] by advising of

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significant developments since the August 17, 2017, Report and proposing dates for all
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further proceedings in this matter.

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A Supplemental Scheduling Conference will be held before the

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undersigned on Friday, December 1, 2017 at 10:00 a.m. in the Yosemite Division of this

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Court. Any party may participate telephonically by advising Courtroom Deputy

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[e-mail] at least two days before the Conference of its intent to so

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appear and by calling [phone] and entering code 4446176 five minutes before

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the Conference is to begin. At that Conference the Court will set will set schedules for

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further proceedings in this matter.

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IX.

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No Magistrate Judge Courtesy Copies
With regard to any motion to be addressed by Magistrate Judge Michael

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Seng, paper courtesy copies of motion papers need not be provided to court chambers

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unless specifically requested.

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X.

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Settlement
At present, the parties do not believe that a settlement conference or other

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alternative dispute resolution procedure would be productive. In the event the parties

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later elect to have the Court supervise or participate in some form of alternate dispute

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resolution, they shall so notify Courtroom Deputy Megan Lafata at

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[e-mail].

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XI.

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Related Matter
There are no pending related matters.

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IT IS SO ORDERED.
Dated:

August 25, 2017

/s/

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Michael J. Seng

UNITED STATES MAGISTRATE JUDGE

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