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Pacific Coast Federation of Fishermen's Associations v. United States Department of Interior

United States District Court, Ninth Circuit

May 31, 2013

PACIFIC COAST FEDERATION OF FISHERMEN'S ASSOCIATIONS and SAN FRANCISCO CRAB BOAT OWNERS ASSOCIATION, INC., Plaintiffs,
v.
UNITED STATES DEPARTMENT OF THE INTERIOR, and UNITED STATES BUREAU OF RECLAMATION, Defendants, WESTLANDS WATER DISTRICT, SAN LUIS WATER DISTRICT, and PANOCHE WATER DISTRICT, Defendant-Intervenors.

SCHEDULING ORDER (Fed. R. Civ. P 16)

MICHAEL J. SENG, Magistrate Judge.

This Court conducted a scheduling conference on May 30, 2013. All parties appeared by telephone. Stephan Volker appeared on behalf of Plaintiff. Joseph H. Kim appeared on behalf of Defendant. Martin Ruano appeared on behalf of Defendant-Intervenors. Pursuant to Fed.R.Civ.P. 16(b), this Court sets a schedule for this action.

1. Current Status of Consent to Magistrate Judge Jurisdiction

Pursuant to 28 U.S.C. ยง 636(c), not all the parties have consented to conduct all further proceedings in this case before the Honorable Michael J. Seng, U.S. Magistrate Judge.

2. Joinder of Additional Parties and Amendment of Pleadings

No additional parties or amendments to the pleadings are contemplated at this time.

3. Discovery, Evidence, Pretrial, and Trial Procedures

The parties anticipate that this case can and will be resolved on the basis of the evidence existing in the Administrative Record. and the parties' cross-motions for summary judgement. Accordingly, the Court schedules the filing of the record and filing of cross motions for summary judgement papers as below, while reserving discussion and resolution of issues related to other potential discovery, evidence, pretrial, and trial procedures and isses until after the Court rules on the cross-motions for summary judgment.

4. Administrative Record

On or before July 19, 2013, Defendants shall lodge with the Court and serve on the all parties a copy of the Administrative Record in an electronically accessible format. Defendants shall also electronically file in the record of this case an index to the Administrative Record and a notice that the Administrative Record has been so lodged. Defendants shall retain an identical copy of the electronically accessible Administrative Record for purposes of appeal.

5. Dispositive Motions Schedule

a. Briefing Limits.

Unless prior leave of the Court is obtained, no moving or opposition briefs or legal memorandum shall exceed twenty-five (25) pages. Reply briefs by the moving party shall not exceed ten (10) pages. These page limitations do not include exhibits. Briefs ...


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