Devils Garden Preservation Group v. U.S. Forest Service ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 DEVILS GARDEN PRESERVATION No. 2:17-cv-02185-MCE-KJN GROUP et al., 12 Plaintiffs, 13 ORDER v. 14 U.S. FOREST SERVICE et al., 15 Defendants. 16 17 Through this action, Plaintiffs assert four claims for relief against Federal 18 Defendants for violations of the Administrative Procedure Act (“APA”), 5 U.S.C. § 701 et 19 seq., and the Mandamus and Venue Act (“MVA”), 28 U.S.C. § 1361.1 First Amended 20 Complaint, ECF No. 84. On October 9, 2019, this Court issued a Supplemental Pretrial 21 Scheduling Order, which requires that non-expert discovery be completed within one 22 year of the order, and that dispositive motions be filed within 180 days after the close of 23 discovery. ECF No. 83. Presently before the Court is Federal Defendants’ Motion to 24 Modify the Court’s Scheduling Order, which Plaintiffs oppose.2 ECF Nos. 88, 92. For 25 1 “[T]he Supreme Court has construed a claim seeking mandamus under the MVA, ‘in essence,’ 26 as one for relief under § 706 of the APA.” Indep. Min. Co. v. Babbitt, 105 F.3d 502, 507 (9th Cir. 1997). 27 2 Defendant-Intervenors filed a Response in Support of Federal Defendants’ Motion and request that they submit their briefs one week after Federal Defendants pursuant to previously agreed upon 28 schedules. ECF No. 89. 1 | the reasons set forth below, Federal Defendants’ Motion is GRANTED.* 2 Judicial review of agency decisions is governed by the APA, which limits the 3 | scope of the Court’s review to the administrative record available to the agency at the 4 | time of the challenged decision, unless certain exceptions apply. See Animal Def. 5 | Council v. Hodel, 840 F.2d 1432, 1436 (9th Cir. 1988) (permitting discovery beyond the 6 | administrative record only when certain exceptions apply); Lands Council v. Powell, 395 7 | F.3d 1019, 1030 (9th Cir. 2005) (“These limited exceptions operate to identify and plug 8 | holes in the administrative record.”). Here, the modified schedule proposed by Federal 9 | Defendants follows the standard procedure in APA cases and Plaintiffs have not 10 | presented any arguments persuading the Court to deviate from this procedure. 11 | Therefore, Federal Defendants’ Motion is GRANTED, and the Court adopts the following 12 | modified schedule: 13 1. Federal Defendants lodge supplemental administrative record — 90 days 14 2. Plaintiffs file motion to supplement or complete record (if any) — 30 days 15 3. If not, Plaintiffs file opening motion for summary judgment — 30 days 16 4. Federal Defendants file combined cross-motion and response brief — 30 days 17 5. Defendant-Intervenors file combined cross-motion and response brief — 7 days 18 6. Plaintiffs file combined response and reply brief — 15 days 19 7. Federal Defendants file reply brief — 15 days 20 8. Defendant-Intervenors file reply brief — 7 days 21 IT IS SO ORDERED. 22 | Dated: March 2, 2020 23 UNITED STATES DISTRI 25 26 27 8 Because oral argument would not be of material assistance, the Court ordered this matter 28 submitted on the briefs. E.D. Local Rule 230(g).