Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Boyal v. Napolitano

May 11, 2010

PARDAMANDEEP KAUR BOYAL, PETITIONER,
v.
JANET NAPOLITANO, SECRETARY OF THE DEPARTMENT OF HOMELAND SECURITY, ET AL., RESPONDENTS.



The opinion of the court was delivered by: Morrison C. England, Jr. United States District Judge

PRETRIAL SCHEDULING ORDER

After reviewing the parties' Joint Status Report, the Court makes the following Pretrial Scheduling Order.

I. SERVICE OF PROCESS

All named Respondents have been served and no further service is permitted without leave of court, good cause having been shown.

II. ADDITIONAL PARTIES/AMENDMENTS/PLEADINGS

No joinder of parties or amendments to pleadings is permitted without leave of court, good cause having been shown.

III. JURISDICTION/VENUE

Jurisdiction is predicated upon 28 U.S.C. sections 1331 and 1361 and 5 U.S.C. section 701 et seq. Jurisdiction and venue are not contested.

IV. DISCOVERY

In agreeing that no need for additional discovery is indicated at this time, the parties appear to concede that judicial review of agency decisions is limited to the administrative record, unless a need to expand that record is demonstrated by the parties. See Southwest Center for Biological Diversity v. U.S., 100 F.3d 1443, 1450 (9th Cir. 1996); see also 5 U.S.C. § 706. Consequently, the Court's review will be limited to the administrative record unless good cause is found for augmentation of that record. Respondents shall provide Petitioner a copy of the entire administrative record within 60 days of the date of this Pretrial Scheduling Order. The filing of the written administrative record shall be filed not later than July 14, 2010.

V. MOTION HEARING SCHEDULE

The Petitioner's dispositive motion shall be filed by July 8, 2010. Respondents' opposition and cross-motion shall be filed by July 29, 2010. Petitioner's reply and opposition shall be filed by August 12, 2010. Respondents' reply shall be filed by August 26, 2010. Hearing on such motions shall be on September 2, 2010, at 2:00 p.m. The opposition and reply must be filed by 4:00 p.m. on the day due.

The time deadline for disposition motions does not apply to motions for continuances, temporary restraining orders or other emergency applications.

All purely legal issues are to be resolved by timely pretrial motions. Failure to comply with Local Rules 230 and 260, as modified by this Order, may be deemed consent to the motion and the Court may dispose of the motion summarily. Further, failure to timely oppose a summary judgment motion*fn1 may result in the granting of that motion if the movant shifts the ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.