The opinion of the court was delivered by: Barbara A. McAuliffe United States Magistrate Judge
Administrative Record: January 20, 2012 Plaintiffs' Motion For Summary Judgment: April 6, 2012 Opposition And Cross-Motion: May 4, 2012 Defendants. Plaintiffs' Reply And Opposition: June 1, 2012 Defendant's Reply: June 15, 2012 Hearing July 9, 2012 9:00 a.m.
SCHEDULING CONFERENCE ORDER
This Court conducted a scheduling conference on November 21, 2011. Counsel David Fike appeared in person on behalf of Plaintiffs Juan Ayala, Javier Ayala and Alfredo Ayala ("Plaintiffs"). Benjamin Hall appeared in person on behalf of Defendant United States Department of Agriculture, Farm Service Agency ("Defendant"). Pursuant to Fed. R. Civ. P. 16(b), the Court sets a schedule for this action.
1. Consent To Magistrate Judge
Pursuant to 28 U.S.C. § 636(c), the parties have consented to conduct all further proceedings in this case, before the Honorable Barbara A. McAuliffe, United States Magistrate Judge.
Discovery is not necessary in this case. This is an action for judicial review of a final agency action pursuant to the Administrative Procedures Act, 5 U.S.C. § 701 et seq. The Court reviews an agency action challenged under the APA based upon the administrative record. Florida Power & Light Co. v. Lorion, 471 U.S. 729, 743-744 (1985).
3. Lodging of Administrative Record
Defendant will lodge the bates-stamped administrative record with the Court in electronic form via CM: ECF, and will additionally provide the Court and Plaintiffs a courtesy copy by January 20, 2012.
4. Motions for Summary Judgment
APA cases are ordinarily resolved on summary judgment. As such, the parties shall adhere to the following briefing schedule:
a. Plaintiffs shall file their Motion for Summary Judgment on or before April 6, 2012;
b. Defendants shall file their Cross-Motion for Summary Judgment and Opposition to Plaintiffs' Motion for Summary ...