Mann v. Heinauer et al

Filing 12

STATUS (PRETRIAL SCHEDULING) ORDER signed by Judge Garland E. Burrell, Jr., on 7/5/13: The 7/8/2013 status (pretrial scheduling) conference is hereby VACATED; Plaintiff's summary judgment motion is due by 9/30/2013; Defendants' oppositi on and cross-motion is due by 10/28/2013; Plaintiff's opposition to Defendants' cross-motion and reply in support of his summary judgment motion is due by 11/4/2013; Defendants' reply in support of its cross-motion for summary judgm ent is due by 11/12/2013; The hearing on the cross-motions shall be noticed for 12/2/2013, at 9:00 a.m.; A Further Status Conference is set for 2/24/2014 at 09:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell, Jr.; A joint status report shall be filed 14 days before the status conference. (Kastilahn, A)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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PRITPAL SINGH MANN,
Plaintiff,

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v.

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GERARD HEINAUER, DIRECTOR, USCIS
NEBRASKA SERVICE CENTER;
ALEJANDRO MAYORKAS, DIRECTOR,
USCIS; U.S. CITIZENSHIP AND
IMMIGRATION SERVICES; JANET
NAPOLITANO, SECRETARY, U.S.
DEPARTMENT OF HOMELAND SECURITY;
ERIC H. HOLDER, JR., U.S.
ATTORNEY GENERAL,

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Defendants.
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2:13-cv-00703-GEB-EFB
STATUS (PRETRIAL SCHEDULING)
ORDER

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The status (pretrial scheduling) conference scheduled for

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hearing on July 8, 2013, is vacated since the parties’ Joint Status

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Report filed on June 24, 2013 (“JSR”) indicates the following Order

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should issue.

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SERVICE, JOINDER OF ADDITIONAL PARTIES, AMENDMENT

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No further service, joinder of parties or amendments to

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pleadings is permitted, except with leave of Court for good cause shown.

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DISCOVERY

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The parties agree in the JSR that “[t]his action is governed

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by the APA and therefore discovery is limited to the administrative

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record.” (JSR 2:12-13, ECF No. 9.)

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Further, Defendants state in the JSR that they “will provide

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to the Plaintiff and file with the Court a certified copy of the

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administrative record as maintained by United States Citizenship and

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Immigration Services by July 1, 2013.” (Id. at 2:16-18.)

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Defendants shall lodge, rather than file, a courtesy copy of
the administrative record in compliance with Local Rule 138(b).

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CROSS-MOTIONS FOR SUMMARY JUDGMENT
The parties indicate that “this case will be appropriate for

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resolution by cross-motions for summary judgment” and propose a briefing

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schedule for the cross-motions. (Id. at 2:20-26.) The parties’ proposed

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briefing schedule is adopted as follows:

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Plaintiff’s summary judgment motion shall be filed on or
before September 30, 2013;
Defendants’ opposition and cross-motion for summary judgment
shall be filed on or before October 28, 2013;

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Plaintiff’s opposition to Defendants’ cross-motion and reply

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in support of his summary judgment motion shall be filed on or before

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November 4, 2013;

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Defendants’ reply in support of its cross-motion for summary
judgment shall be filed on or before November 12, 2013;
The hearing on the cross-motions shall be noticed for December
2, 2013, at 9:00 a.m.
FURTHER STATUS CONFERENCE

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In the event the referenced cross-motions do not dispose of

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the case in its entirety, a further status conference is scheduled to

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commence at 9:00 a.m. on February 24, 2014.

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be filed fourteen (14) days before the status conference, in which the

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A joint status report shall

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parties shall address all pertinent subjects set forth in Local Rule

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240(a).

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IT IS SO ORDERED.
Dated:

July 5, 2013

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GARLAND E. BURRELL, JR.
Senior United States District Judge

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