Graciano-Escalante v. Napolitano et al

Filing 11

STIPULATION and ORDER 10 to remove hearing from calendar signed by Magistrate Judge Gregory G. Hollows on 7/11/2012. The 7/12/2012 Status (Pre-Trial Scheduling) Conference before Magistrate Judge Hollows is VACATED. A Scheduling Order will issue separately. (Marciel, M)

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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 OTONIEL GRACIANO-ESCALANTE, 11 Plaintiff, No. 2:12-cv-385 KJM GGH 12 v. 13 14 JANET NAPOLITANO et al., 15 Defendants. 16 ORDER / 17 On February 23, 2012, this matter was referred to the undersigned for purposes of 18 pretrial scheduling with a pre-trial scheduling conference set for July 12, 2012. (Dkt. No. 5.) On 19 July 2, 2012, the parties filed a joint scheduling report, which characterized the action as a 20 challenge by plaintiff under the Administrative Procedure Act (“APA”) to the denial of his 21 application for adjustment of status pursuant to the Immigration and Nationality Act (“INA”) § 22 245(i), 8 U.S.C. § 1255(i). (Dkt. No. 8.) The parties represented that judicial review would be 23 limited to the administrative record, and that therefore, the case would be appropriate for 24 resolution by cross-motions for summary judgment and should not be set for trial. (Id.) The 25 parties also stipulated to a briefing schedule. (Id.) 26 Subsequently, on July 10, 2012, the parties filed a further stipulation to vacate the 1 1 pre-trial scheduling conference based on their agreement to proceed on cross-motions for 2 summary judgment. (Dkt. No. 10.) The parties are advised that pre-trial scheduling conferences 3 referred to the undersigned are not ordinarily vacated due to Judge Mueller’s strong preference to 4 have the parties personally appear to discuss the case and its scheduling. Nevertheless, in light of 5 the unique nature of this case, which the parties represent involves solely a challenge under the 6 APA in which judicial review will be limited to the administrative transcript, the court finds it 7 appropriate to vacate the scheduling conference. A scheduling order containing briefing and 8 other appropriate deadlines will issue separately. 9 For the foregoing reasons, IT IS HEREBY ORDERED that the July 12, 2012 10 status (pre-trial scheduling) conference before the undersigned is VACATED. A scheduling 11 order will issue separately. 12 DATED: July 11, 2012 13 /s/ Gregory G. Hollows UNITED STATES MAGISTRATE JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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