Sierra Pacific Industries, et al v. United States Department of Agriculture

Filing 17

STATUS (PRETRIAL SCHEDULING) ORDER signed by Judge Kimberly J. Mueller on 10/27/2011 ORDERING that the deadline for Pltfs Motion for Summary Judgment is 1/4/2012; deadline for Dfts Opposition and Cross-Motion is 1/25/2012; Pltfs reply due 2/15/2012; hearing date is 3/12/2012. (Zignago, K.)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

10 SIERRA PACIFIC INDUSTRIES, et al.,
NO. CIV. S 11-1250 KJM EFB
Plaintiffs,

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v.

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STATUS (PRETRIAL SCHEDULING)
ORDER

13 UNITED STATES DEPARTMENT OF
AGRICULTURE,

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Defendant.

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An initial scheduling conference was held in this case on October 5, 2011. Having

17 reviewed the parties’ Joint Status Report filed on September 28, 2011 and discussed a schedule
18 for the case with counsel at the hearing, the court makes the following orders:
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SERVICE OF PROCESS
All named defendants have been served and no further service is permitted

21 without leave of court, good cause having been shown.
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ADDITIONAL PARTIES/AMENDMENTS/PLEADINGS
No further joinder of parties or amendments to pleadings is permitted without

24 leave of court, good cause having been shown. See FED. R. CIV. P. 16(b); Johnson v. Mammoth
25 Recreations, Inc., 975 F.2d 604 (9th Cir. 1992). Plaintiff intends to seek leave to amend to
26 confirm that the federal witnesses have all been properly served with trial subpoenas in the state
27 action, and to add one additional witness.
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1 III.

JURISDICTION/VENUE
Jurisdiction is predicated upon 28 U.S.C. § 1331 and the Administrative

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3 Procedure Act, 5 U.S.C. § 701. Jurisdiction and venue are not disputed.
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HEARING SCHEDULE FOR CROSS MOTIONS ON SUMMARY JUDGMENT
The parties agree this action will be decided on cross motions for summary

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6 judgment based on the administrative record. The following dates shall control:
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Deadline for Defendant to file and serve administrative record:

November 4, 2011

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Deadline for Plaintiffs to object to record:

November 23, 2011

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Deadline for Defendant to respond to any objections:

November 30, 2011

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Deadline for Plaintiffs to reply to any response:

December 7, 2011

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Hearing on any motion regarding objections to record:

December 14, 2011

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Deadline for Plaintiffs to file motion for summary judgment:

January 4, 2012

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Deadline for Defendant to file opposition and cross-motion for
summary judgment:

January 25, 2012

Deadline for Plaintiffs to file opposition and reply:

February 15, 2012

Deadline for Defendant to file reply:

February 29, 2012

Hearing date:

March 12, 2012 (9:00 am)

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The court places a presumptive page limit of twenty (20) pages on all moving

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papers, twenty (20) pages on oppositions, and ten (10) pages for replies. All requests for page

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limit increases must be made through the courtroom deputy clerk at least fourteen (14) days prior

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to the filing of the motion.

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V.

MODIFICATION OF STATUS (PRETRIAL SCHEDULING) ORDER

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

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Procedure, the Status (Pretrial Scheduling) Order shall not be modified except by leave of court

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upon a showing of good cause. Agreement by the parties pursuant to stipulation alone does not

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constitute good cause. Except in extraordinary circumstances, unavailability of witnesses or

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counsel does not constitute good cause.

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1 VI.
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OBJECTIONS TO STATUS (PRETRIAL SCHEDULING) ORDER
This Status Order will become final without further order of the court unless

3 objections are filed within fourteen (14) calendar days of service of this Order.
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IT IS SO ORDERED.

5 DATED: October 27, 2011.
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UNITED STATES DISTRICT JUDGE

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