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 at least two days before the Conference of its intent to so appear and by calling (888) 204-5984 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)

Download PDF
1 2 3 4 5 IN THE UNITED STATES DISTRICT COURT 6 FOR THE EASTERN DISTRICT OF CALIFORNIA 7 8 9 NORTH COAST RIVERS ALLIANCE, ET. AL., SCHEDULING ORDER (Fed. R. Civ. P. 16) Plaintiff, 10 11 12 1:16-cv-00307-LJO-MJS v. UNITED STATES DEPARTMENT OF THE INTERIOR, ET. AL. , 13 Defendant. 14 15 16 I. A telephonic Scheduling Conference was held before the undersigned on 17 18 19 August 24, 2017. II. 22 23 24 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. 27 28 Consent to Magistrate Judge Jurisdiction There is no collective consent to Magistrate Judge Jurisdiction for all 25 26 Appearances of Counsel Stephan Volker, Esq. and Alexis Krieg, Esq. appeared on behalf of 20 21 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 1 1 agencies. Pursuant to the Federal Administrative Procedures Act, the Court will address 2 the issues based upon its review of the administrative record and decide those issues as 3 a matter of law. It is anticipated that this action will be resolved on the basis of cross 4 motions for summary judgment which will be filed according to a schedule to be 5 determined in the manner discussed below. Accordingly, traditional procedures relating 6 to discovery, evidence, pretrial and trial are not applicable and will not be addressed 7 here. 8 V. 9 10 11 Plaintiffs will have until September 29, 2017, to file a First Amended Complaint if they elect to do so. VI. 12 13 14 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. 15 Filing of the Administrative Record Absent the filing of a FRCP Rule 12 motion, Defendants shall lodge the 16 administrative record with the Court on or before November 29, 2017. The record may 17 be lodged on CD or other electronic form provided that all exhibits are indexed and 18 easily retrievable electronically via Bate stamp numbers or otherwise. 19 20 Plaintiffs shall have 21 days after the administrative record is lodged to file objections to it and/or requests to supplement it. 21 In the event a FRCP Rule 12 motion is filed as above provided, the 22 deadline for lodging the administrative record shall be determined at the supplemental 23 scheduling conference provided for below. 24 25 VIII. Supplemental Scheduling Confernce The parties shall file a Supplemental Joint Scheduling Conference report 26 on or before November 15, 2017. That Report shall supplement, but not repeat, the 27 contents of their August 17, 2017 Joint Scheduling Report [ECF No. 60] by advising of 28 significant developments since the August 17, 2017, Report and proposing dates for all 2 1 further proceedings in this matter. 2 A Supplemental Scheduling Conference will be held before the 3 undersigned on Friday, December 1, 2017 at 10:00 a.m. in the Yosemite Division of this 4 Court. Any party may participate telephonically by advising Courtroom Deputy 5 at least two days before the Conference of its intent to so 6 appear and by calling (888) 204-5984 and entering code 4446176 five minutes before 7 the Conference is to begin. At that Conference the Court will set will set schedules for 8 further proceedings in this matter. 9 IX. 10 No Magistrate Judge Courtesy Copies With regard to any motion to be addressed by Magistrate Judge Michael 11 Seng, paper courtesy copies of motion papers need not be provided to court chambers 12 unless specifically requested. 13 X. 14 Settlement At present, the parties do not believe that a settlement conference or other 15 alternative dispute resolution procedure would be productive. In the event the parties 16 later elect to have the Court supervise or participate in some form of alternate dispute 17 resolution, they shall so notify Courtroom Deputy Megan Lafata at 18 19 XI. 20 Related Matter There are no pending related matters. 21 22 23 IT IS SO ORDERED. Dated: August 25, 2017 /s/ 24 Michael J. Seng UNITED STATES MAGISTRATE JUDGE 25 26 27 28 3

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?