Donelson v. Devon Energy Production Company, L.P. et al

Filing 228

OPINION AND ORDER by Magistrate Judge Frank H McCarthy ; denying 208 Motion for Discovery (tjc, Dpty Clk)

IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF OKLAHOMA
MARTHA DONALSON, et al.,
Plaintiffs,
vs.

Case No.14-CV-316-JHP-FHM

UNITED STATES OF AMERICA;
DEPARTMENT OF INTERIOR; BUREAU
OF INDIAN AFFAIRS, et al.,
Defendants.
OPINION AND ORDER
Plaintiffs’ Motion For Leave To Conduct Discovery From Federal Defendants, [Dkt.
208], is before the undersigned United States Magistrate Judge for decision. The matter
has been fully briefed. [Dkt. 208, 221, 225].
Plaintiffs seek leave to conduct discovery from the Federal Defendants in this case
filed under the Administrative Procedures Act (APA). Plaintiffs recognize that typically in
APA cases the parties are restricted to the administrative record. However, Plaintiffs state
they seek class certification and that the proposed discovery relates to issues relevant to
class certification. Defendants oppose the proposed discovery.
Motions to dismiss are pending which seek dismissal for lack of jurisdiction and for
failure to state a claim. There is no motion pending for class certification. In view of these
factors, the undersigned finds that Plaintiff has not met the burden of demonstrating the
necessity of conducting discovery at this point.
Plaintiffs’ Motion For Leave To Conduct Discovery From Federal Defendants, [Dkt.
208], is DENIED without prejudice to being reasserted after the resolution of the motions
to dismiss.

SO ORDERED this 23rd day of March, 2016.

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