In Defense of Animals et al v. United States Department of the Interior et al

Filing 99

ORDER signed by Judge Morrison C. England, Jr on 9/28/11 GRANTING parties' modification of the page limitations. The filing deadlines are as follows: Plaintiffs' opening brief due by 11/10/2011, Federal Defendants' and Intervenors' ; cross-motion/response briefs due by 12/8/2011, Plaintiffs' response/reply brief due by 1/5/2012, Federal Defendants' and Intervenors' reply briefs due by 1/19/2012 and Plaintiffs' sur-reply brief due by 1/26/12. Hearing set for 2/23/2012 at 02:00 PM in Courtroom 7 (MCE) before Judge Morrison C. England Jr. (Donati, J)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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IN DEFENSE OF ANIMALS,
et al.,

No. 2:10-cv-01852-MCE-DAD

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Plaintiffs,
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PRETRIAL SCHEDULING ORDER
v.

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KEN SALAZAR, in his official
capacity as Secretary of the
United States Department of
the Interior, et al.,
Defendants,
____________________________

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SAFARI CLUB INTERNATIONAL,
et al.

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Defendant-Intervenors.
___________________________/

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After reviewing the parties’ Joint Status Report, the Court
makes the following Pretrial Scheduling Order.

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I.

SERVICE OF PROCESS

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All named Defendants have been served and no further service

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is permitted without leave of court, good cause having been

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shown.

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II.

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No joinder of parties or amendments to pleadings is

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ADDITIONAL PARTIES/AMENDMENTS/PLEADINGS

permitted without leave of court, good cause having been shown.

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III. JURISDICTION/VENUE

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Jurisdiction is predicated upon 28 U.S.C. section 1131(a).

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Jurisdiction and venue are not contested.

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IV.

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In agreeing that no need for additional discovery is

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DISCOVERY

indicated at this time, the parties appear to concede that

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judicial review of agency decisions is limited to the

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administrative record, unless a need to expand that record is

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demonstrated by the parties.

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Diversity v. U.S., 100 F.3d 1443, 1450 (9th Cir. 1996); see also

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5 U.S.C. § 706.

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to the administrative record unless good cause is found for

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augmentation of that record.

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a copy of the entire administrative record within 60 days of the

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date of this Pretrial Scheduling Order.

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written administrative record shall be filed concurrently with

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the opening brief.

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See Southwest Center for Biological

Consequently, the Court’s review will be limited

Defendants shall provide Plaintiffs

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The filing of the

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V.

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The Court grants the parties’ modification of the page

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MOTION HEARING SCHEDULE

limitations.

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The filing deadlines are as follows:

Plaintiffs’ Opening Brief
(not to exceed 45 pages)

November 10, 2011

Federal Defendants’ and
Intervenors’ CrossMotions/Response Briefs
(not to exceed 45 pages)

December 8, 2011

Plaintiffs’ Response/
Reply Brief
(not to exceed 60 pages)

January 5, 2012

Federal Defendants’ and
Intervenors’ Reply Briefs
(not to exceed 25 pages)

January 19, 2012

Plaintiffs’ Sur-Reply
Brief
(not to exceed 20 pages)

January 26, 2012

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Hearing

February 23, 2012, 2:00 p.m.

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All purely legal issues are to be resolved by timely

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pretrial motions.

Failure to comply with Local Rules 230 and

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260, as modified by this Order, may be deemed consent to the

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motion and the Court may dispose of the motion summarily.

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Further, failure to timely oppose a summary judgment motion1 may

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result in the granting of that motion if the movant shifts the

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burden to the nonmovant to demonstrate that a genuine issue of

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material fact remains for trial.

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The Court urges any party that contemplates bringing a
motion for summary judgment or who must oppose a motion for
summary judgment to review Local Rule 260.
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For the Court’s convenience, citations to Supreme Court

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cases should include parallel citations to the Supreme Court

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Reporter.

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VI.

TRIAL

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The parties have informed the Court that they intend to

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adjudicate this matter by way of dispositive motions; therefore,

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a trial date has not been scheduled.

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VII.

MODIFICATION OF PRETRIAL SCHEDULING ORDER

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The parties are reminded that pursuant to Rule 16(b) of the

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Federal Rules of Civil Procedure, the Pretrial Scheduling Order

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shall not be modified except by leave of court upon a showing of

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good cause.

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alone to modify the Pretrial Scheduling Order does not constitute

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good cause.

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unavailability of witnesses or counsel will not constitute good

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cause.

Agreement by the parties pursuant to stipulation

Except in extraordinary circumstances,

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VIII.

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This Pretrial Scheduling Order will become final without

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further order of the Court unless objections are filed within

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seven (7) court days of service of this Order.

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OBJECTIONS TO PRETRIAL SCHEDULING ORDER

IT IS SO ORDERED.
Dated: September 28, 2011

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_____________________________
MORRISON C. ENGLAND, JR.
UNITED STATES DISTRICT JUDGE

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