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In Defense of Animals, et al v. Ken Salazar

September 28, 2011

IN DEFENSE OF ANIMALS, ET AL., PLAINTIFFS,
v.
KEN SALAZAR, IN HIS OFFICIAL CAPACITY AS SECRETARY OF THE UNITED STATES DEPARTMENT OF THE INTERIOR, ET AL., DEFENDANTS,
SAFARI CLUB INTERNATIONAL, ET AL. DEFENDANT-INTERVENORS.



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.

III. JURISDICTION/VENUE

Jurisdiction is predicated upon 28 U.S.C. section 1131(a). 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. Defendants shall provide Plaintiffs 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 opening brief.

V. MOTION HEARING SCHEDULE

The Court grants the parties' modification of the page limitations. The filing deadlines are as follows:

Plaintiffs' Opening Brief November 10, 2011 (not to exceed 45 pages)

Federal Defendants' and December 8, 2011 Intervenors' Cross-Motions/Response Briefs ...


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