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Center For Environmental Science, Accuracy & Reliability v. Kenneth Lee Salazar

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


May 8, 2012

CENTER FOR ENVIRONMENTAL SCIENCE, ACCURACY & RELIABILITY, A NONPROFIT ORGANIZATION,
PLAINTIFF,
v.
KENNETH LEE SALAZAR, AS SECRETARY OF THE UNITED STATES DEPARTMENT OF THE INTERIOR; UNITED STATES DEPARTMENT OF THE INTERIOR; UNITED STATES FISH AND WILDLIFE SERVICE; DAN ASHE, AS DIRECTOR OF THE UNITED STATES FISH AND WILDLIFE SERVICE, UNITED STATES DEPARTMENT OF INTERIOR; RENNE LOHOEFENER, AS REGIONAL DIRECTOR OF THE UNITED STATES FISH AND WILDLIFE SERVICE, PACIFIC SOUTHWEST REGION, UNITED STATES DEPARTMENT OF THE INTERIOR, DEFENDANTS,

STATUS (PRETRIAL SCHEDULING) ORDER

After reviewing the parties' Joint Status Report, the court hereby vacates the Status (Pretrial Scheduling) Conference scheduled for May 14, 2012.

I. SERVICE OF PROCESS

The named defendants have been served and no further service is permitted without leave of court, good cause having been shown under Federal Rule of Civil Procedure 16(b).

II. JOINDER OF PARTIES/AMENDMENTS No further joinder of parties or amendments to pleadings will be permitted except with leave of court, good cause having been shown under Federal Rule of Civil Procedure 16(b). See Johnson v. Mammoth Recreations, Inc., 975 F.2d 604 (9th Cir. 1992).

III. JURISDICTION/VENUE

Jurisdiction is predicated upon 28 U.S.C. § 1361 (mandamus) and 28 U.S.C. § 1331 because plaintiff brings claims under the National Environmental Policy Act of 1969 which provides a private cause of action under the Administrative Procedure Act, 5 U.S.C. §§ 701-706. Venue is undisputed and is hereby found to be proper.

IV. DISCOVERY

The parties agree that this is a "record review" case that does not require ordinary discovery or discovery deadlines. Defendants shall lodge the Administrative Record no later than June 29, 2012.

V. MOTION HEARING SCHEDULE

Plaintiff shall file any objections to the Administrative Record by July 30, 2012. Plaintiff shall file its motion for summary judgment no later than August 31, 2012. Defendants shall file their cross-motion for summary judgment and opposition to plaintiff's motion for summary judgment no later than September 28, 2012. Plaintiff shall file its reply to defendants' opposition to the motion for summary judgment and opposition to the cross-motion for summary judgment no later than October 26, 2012. Defendants shall file their reply to plaintiff's opposition to the cross-motion for summary judgment no later than November 16, 2012. The court will hear oral arguments for the cross-motions for summary judgment on December 4, 2012, at 9:00 a.m. in Courtroom No. 5. Because the aforementioned briefing schedule differs from the Local Rules, plaintiff must state the briefing schedule, with the applicable deadlines, in plaintiff's notice of motion for summary judgment.

Because the parties have indicated that the case can be resolved without discovery and will instead consist of cross-motions for summary judgment based on the administrative record, the parties are granted relief from Local Rule 260(a), which requires that a motion for summary judgment be accompanied by a "Statement of Undisputed Facts."

VI. PRETRIAL CONFERENCE AND TRIAL

The court will not set this matter for final Pretrial Conference or trial unless the matter is not entirely resolved on the cross-motions for summary judgment. This Order shall constitute the court's final Pretrial Order, pursuant to Rule 16(d) of the Federal Rules of Civil Procedure. If, after the court rules on the motions for summary judgment, counsel for any party believes there are any further matters that need to be addressed or resolved, they shall so notify the court, in writing, no later than ten court days after the court's ruling on the motions. If no such notice is filed, the case will be closed as of that time.

VII. MODIFICATIONS TO SCHEDULING ORDER

Any requests to modify the dates or terms of this Scheduling Order, except requests to change the date of the trial, may be heard and decided by the assigned Magistrate Judge. All requests to change the trial date shall be heard and decided only by the undersigned judge.

20120508

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