UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA
September 19, 2011
MICHAEL C. BRIGGS, ET AL., DEFENDANTS.
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 Defendants 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.
Jurisdiction is predicated upon 28 U.S.C. § 1331, 1361 and 5 U.S.C. § 701 et seq. Jurisdiction and venue are not contested.
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. Defendants shall provide Plaintiff 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 concurrently with the filing of the dispositive motion.
V. MOTION HEARING SCHEDULE
The last day to hear dispositive motions shall be May 31, 2012. The parties shall comply with the following filing deadlines:
Dispositive motion filed at least 9 weeks prior to hearing Opposition and any filed at least 6 weeks cross-motion prior to hearing Reply and opposition to filed at least 4 weeks cross-motion prior to hearing Reply to cross-motion filed at least 2 week prior to hearing
The parties are directed to the Court's website for available hearing dates. (www.caed.uscourts.gov choose Court Calendar choose Judge England choose More Calendaring Information)
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 burden to the non-movant to demonstrate that a genuine issue of material fact remains for trial.
The Court places a page limit for points and authorities (exclusive of exhibits and other supporting documentation) of twenty (20) pages on all initial moving papers, twenty (20) pages on oppositions, and ten (10) pages for replies. All requests for page limit increases must be made in writing to the Court setting forth any and all reasons for any increase in page limit at least fourteen (14) days prior to the filing of the motion.
For the Court's convenience, citations to Supreme Court cases should include parallel citations to the Supreme Court Reporter.
VI. VOLUNTARY DISPUTE RESOLUTION PROGRAM
Pursuant to Local Rule 271 parties will need to lodge a stipulation and proposed order requesting referral to the Voluntary Dispute Resolution Program.
VII. MODIFICATION OF PRETRIAL SCHEDULING ORDER
The parties are reminded that pursuant to Rule 16(b) of the Federal Rules of Civil Procedure, the Pretrial Scheduling Order shall not be modified except by leave of court upon a showing of good cause. Agreement by the parties pursuant to stipulation alone to modify the Pretrial Scheduling Order does not constitute good cause. Except in extraordinary circumstances, unavailability of witnesses or counsel will not constitute good cause.
VIII. OBJECTIONS TO PRETRIAL SCHEDULING ORDER
This Pretrial Scheduling Order will become final without further order of the Court unless objections are filed within seven (7) court days of service of this Order.
IT IS SO ORDERED.