Murphy v. United States Forest Service, et al.

Filing 14

STATUS (PRETRIAL SCHEDULING) ORDER signed by Judge Garland E. Burrell, Jr on 1/28/14: The status (pretrial scheduling) conference scheduled for hearing on February 3, 2014, is vacated. Plaintiff's Motion for Summary Judgment shall be filed on or before September 22, 2014. Further Status Conference set for 3/3/2015 at 09:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell Jr.. (Kaminski, H)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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DENNIS D. MURPHY, PH.D.,

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No. 2:13-cv-02315-GEB-AC

Plaintiff,
v.

STATUS (PRETRIAL SCHEDULING)
ORDER

UNITED STATES FOREST SERVICE;
THOMAS TIDWELL, in his
official capacity as
Chief of the United States
Forest Service;
NANCY J. GIBSON, in her
official capacity as
Forest Supervisor of the
United States Forest
Service,

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Defendants.
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The status (pretrial scheduling) conference scheduled

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for hearing on February 3, 2014, is vacated since the parties’

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Joint Status Report filed on January 17, 2014 (“JSR”) indicates

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the following Order should issue.

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SERVICE, JOINDER OF ADDITIONAL PARTIES, AMENDMENT

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The parties state in the JSR: “Plaintiff anticipates

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and Defendants stipulate to the filing of an amended complaint in

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February 6, 2014, pursuant to Fed. R. Civ. P. 15(a)(2).” (JSR

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2:11-12.)

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Other

than

the

referenced

amendment,

no

further

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service,

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

joinder

of

parties

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or

amendments

to

pleadings

is

DISCOVERY

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The

parties

state

this

“action

arises

under

the

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[Administrative Procedure Act (“APA”)],” and “the parties do not

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anticipate the need for discovery.” (JSR 3:7, 3:22.) Since reason

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has

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administrative record, this order does not authorize additional

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not

been

stated

justifying

discovery

other

than

the

discovery.

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MOTION HEARING SCHEDULE

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The parties state in the JSR: “Because this matter is

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governed

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resolved by summary judgment.” (Id. at 3:14-15.) The parties’

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proposed briefing schedule on cross motions for summary judgment

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is adopted, as modified, as follows:

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by

the

APA,

the

parties

anticipate

that

it

can

be

Plaintiff’s Motion for Summary Judgment shall be filed

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on or before September 22, 2014;

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Defendants’

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for

Summary

before November 24, 2014; and
Defendants’ Reply shall be filed on or before December
15, 2014.
The hearing on the cross motions shall be noticed for
January 20, 2015.

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Cross-Motion

Plaintiff’s Opposition and Reply shall be filed on or

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and

Judgment shall be filed on or before October 20, 2014;

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Opposition

FURTHER STATUS CONFERENCE
In

the

event

the

referenced
2

cross

motions

do

not

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di
ispose of the ca
f
ase in it entire
ts
ety, a f
further s
status co
onference
e

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is schedul
s
led to commence at 9:00 a.m. on March 3, 2015.

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st
tatus rep
port shal be fil
ll
led four
rteen (14 days b
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before th status
he
s

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co
onference
e,

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su
ubjects set forth in Loca Rule 2
s
h
al
240(a).

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in

which
w

the
e

partie
es

IT IS SO ORDERED
O
D.
Da
ated:

Ja
anuary 28 2014
8,

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shall
l

address

all

A joint
t

p
pertinent
t