Kaur v. Biggs, et al

Filing 15

PRETRIAL SCHEDULING ORDER signed by Judge Morrison C. England, Jr., on 9/19/11 ORDERING that Defendants shall provide Plaintiff a copy of the entire administrative record within 60 days of the date of this Order. The last day to hear dispositive motions shall be May 31, 2012. (Kastilahn, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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HARJEET KAUR,

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No. 2:10-cv-03297-MCE-EFB

Plaintiff,
v.

PRETRIAL SCHEDULING ORDER

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MICHAEL C. BRIGGS, et al.,

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Defendants.
___________________________/

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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. § 1331, 1361 and

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5 U.S.C. § 701 et seq. Jurisdiction and venue are not contested.
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IV.

DISCOVERY

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In agreeing that no need for additional discovery is

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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

See Southwest Center for Biological

Consequently, the Court’s review will be limited

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augmentation of that record.

Defendants shall provide Plaintiff

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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 filing of the dispositive motion.

The filing of the

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V.

MOTION HEARING SCHEDULE

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The last day to hear dispositive motions shall be May 31,

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2012.

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deadlines:

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The parties shall comply with the following filing

Dispositive motion

filed at least 9 weeks
prior to hearing

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Opposition and any
cross-motion

filed at least 6 weeks
prior to hearing

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Reply and opposition to
cross-motion

filed at least 4 weeks
prior to hearing

Reply to cross-motion

filed at least 2 week
prior to hearing

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The parties are directed to the Court’s website for
(www.caed.uscourts.gov ÷ choose Court

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available hearing dates.

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Calendar ÷ choose Judge England ÷ choose More Calendaring

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Information)

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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 places a page limit for points and authorities

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(exclusive of exhibits and other supporting documentation) of

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twenty (20) pages on all initial moving papers, twenty (20) pages

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on oppositions, and ten (10) pages for replies.

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page limit increases must be made in writing to the Court setting

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forth any and all reasons for any increase in page limit at least

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fourteen (14) days prior to the filing of the motion.

All requests for

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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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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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VI.

VOLUNTARY DISPUTE RESOLUTION PROGRAM

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Pursuant to Local Rule 271 parties will need to lodge a

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stipulation and proposed order requesting referral to the

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Voluntary Dispute Resolution Program.

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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.

Agreement by the parties pursuant to stipulation

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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.

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 19, 2011

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

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