Earth Island Institute v. Nash ( 2020 )

1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 Case No. 1: 19-cv-01420-DAD-SAB 10 EARTH ISLAND INSTITUTE, et al., SCHEDULING ORDER (Fed. R. Civ. P 16) 11 Plaintiffs, Amendment and Discovery Deadlines: Amendment of Pleadings: August 18, 2020 12 Administrative Record Filing: October 30, 2020 13 v. Motion for Summary Judgment Deadlines: Plaintiffs’ Motion for Summary Judgment: December 14 4, 2020 KIMBERLY NASH, et al., Defendants’ Cross-Motion for Summary Judgment 15 and Opposition: January 15, 2021 Defendant. Plaintiffs’ Opposition and Reply: February 5, 2021 16 Defendants’ Reply: February 26, 2021 17 18 19 I. Date of Scheduling Conference 20 The Scheduling Conference was held on July 21, 2020. 21 II. Appearances of Counsel 22 Meriel Darzen, Daniel Galpern, and Ralph Bloemers appeared telephonically on behalf of 23 Plaintiffs. 24 Awbrey Yost, Dustin Weisman, Janice Waddell, Tyler Alexander, and Kimberly Gosling 25 telephonically appeared on behalf of Defendants. 26 III. Consent to Magistrate Judge 27 The parties have not consented to magistrate judge jurisdiction. Pursuant to 28 U.S.C. § 28 1 636(c), to the parties who have not consented to conduct all further proceedings in this case, 2 including trial, before United States Magistrate Judge Stanley A. Boone, you should be informed 3 that because of the pressing workload of United States district judges and the priority of criminal 4 cases under the United States Constitution, you may consent to magistrate judge jurisdiction in an 5 effort to have your case adjudicated in a timely and cost effective manner. The parties are advised 6 that they are free to withhold consent or decline magistrate jurisdiction without adverse 7 substantive consequences. 8 V. Amendments to Pleading 9 Any motions or stipulations requesting leave to amend the pleadings must be filed by no 10 later than August 18, 2020. The parties are advised that filing motions and/or stipulations 11 requesting leave to amend the pleadings does not reflect on the propriety of the amendment or 12 imply good cause to modify the existing schedule, if necessary. All proposed amendments must 13 (A) be supported by good cause pursuant to Fed. R. Civ. P. 16(b) if the amendment requires any 14 modification to the existing schedule, see Johnson v. Mammoth Recreations, Inc., 975 F.2d 604, 15 609 (9th Cir. 1992), and (B) establish, under Fed. R. Civ. P. 15(a), that such an amendment is not 16 (1) prejudicial to the opposing party, (2) the product of undue delay, (3) proposed in bad faith, or 17 (4) futile, see Foman v. Davis, 371 U.S. 178, 182 (1962). 18 VI. Administrative Record 19 This action is proceeding pursuant to the Administrative Procedure Act, 5 U.S.C. § 701 et. 20 seq. Defendants shall lodge and serve the administrative record on or before October 30, 2020. 21 VII. Motion Schedule 22 A. Non-Dispositive Pre-Trial Motions 23 Non-dispositive motions are heard on Wednesdays at 10:00 a.m., before United States 24 Magistrate Judge Stanley A. Boone in Courtroom 9. In scheduling any non-dispositive motion, 25 the Magistrate Judge may grant Applications for an Order Shortening Time pursuant to Local 26 Rule 144(e). However, if counsel does not obtain an Order Shortening Time, the Notice of 27 Motion must comply with Local Rule 251. 28 Counsel may appear and argue non-dispositive motions by telephone, providing a written 1 request to so appear is made to the Magistrate Judge’s Courtroom Clerk no later than three (3) 2 court days before the noticed hearing date. In the event that more than one attorney requests to 3 appear by telephone, then it shall be the obligation of the moving party(ies) to arrange and 4 originate a conference call to the court. 5 Discovery Disputes: If a motion is brought under Fed. R. Civ. P. 37, the parties must 6 prepare and file a Joint Statement re Discovery Disagreement (“Joint Statement”) as required by 7 Local Rule 251. The Joint Statement must be filed seven (7) calendar days before the scheduled 8 hearing date. Courtesy copies of all motion-related documents, declarations, and exhibits must be 9 delivered to the Clerk’s Office by 10:00 a.m. on the fourth court day prior to the scheduled 10 hearing date. Motions will be removed from the court’s hearing calendar if the Joint Statement is 11 not timely filed or if courtesy copies are not timely delivered. In order to satisfy the meet and 12 confer requirement set forth in Local Rule 251(b), the parties must confer and talk to each other 13 in person, over the telephone or via video conferencing before the hearing about the discovery 14 dispute. The Court may issue sanctions against the moving party or the opposing party if either 15 party fails to meet and confer in good faith. 16 B. Motions for Summary Judgment 17 Unless prior leave of Court is obtained at least seven (7) days before the filing date, all 18 moving and opposition briefs or legal memorandum in civil cases shall not exceed twenty-five 19 (25) pages. Reply briefs filed by moving parties shall not exceed ten (10) pages. Before 20 scheduling any motion, the parties must comply with all requirements set forth in Local Rule 230 21 and 251. 22 The parties’ motions for summary judgment shall be filed according to the following 23 schedule. 24 Plaintiffs’ motion for summary judgment: December 4, 2020 25 Defendants’ Cross Motion/Opposition: January 15, 2021 26 Plaintiffs’ Opposition/Reply: February 5, 2021 27 Defendants’ Reply: February 26, 2021 28 Hearing: To be set before the District Judge pursuant to Local Rule and District 1 Judge’s procedures 2 In filing motions, the parties shall comply with Fed. R. Civ. P 56 and Local Rules 230 3 and 260. 4 Motions for Summary Judgment or Summary Adjudication: Prior to filing a motion for 5 summary judgment or motion for summary adjudication, the parties are ORDERED to meet, in 6 person or by telephone, and confer to discuss the issues to be raised in the motion. 7 The purpose of the meeting shall be to: 1) avoid filing motions for summary judgment 8 where a question of fact exists; 2) determine whether the respondent agrees that the motion has 9 merit in whole or in part; 3) discuss whether issues can be resolved without the necessity of 10 briefing; 4) narrow the issues for review by the court; and 5) explore the possibility of settlement 11 before the parties incur the expense of briefing a summary judgment motion. 12 The moving party shall initiate the meeting. Since this is an action under the 13 Administrative Procedure Act, the parties are relieved from the requirement to file a joint 14 statement of undisputed facts. 15 In the Notice of Motion, the moving party shall certify that the parties have met and 16 conferred as ordered above or set forth a statement of good cause for the failure to meet and 17 confer. 18 VIII. Trial Date 19 The parties agree that as this action is proceeding pursuant to the Administrative 20 Procedure Act, it should be decided on cross-motions for summary judgment. No trial date is set. 21 IX. Request for Bifurcation, Appointment of Special Master, or other Techniques to Shorten Trial 22 23 Not applicable at this time. 24 X. Related Matters Pending 25 The parties proffer this matter is not related to any other matter pending at this time. 26 XI. Compliance with Federal Procedure 27 All counsel are expected to familiarize themselves with the Federal Rules of Civil 28 Procedure and the Local Rules of the Eastern District of California, and to keep abreast of any 1 amendments thereto. The Court must insist upon compliance with these Rules if it is to 2 efficiently handle its increasing case load and sanctions will be imposed for failure to follow the 3 Rules as provided in both the Federal Rules of Civil Procedure and the Local Rules for the 4 Eastern District of California. 5 Additional requirements and more detailed procedures for courtroom practice before 6 United States Magistrate Judge Stanley A. Boone can be found at the United States District Court 7 for the Eastern District of California’s website (www.caed.uscourts.gov) under Judges; United 8 States Magistrate Judge Stanley A. Boone (SAB). In the area entitled “Case Management 9 Procedures,” there is a link to “Standard Information.” All parties and counsel shall comply with 10 the guidelines set forth therein. 11 XII. Effect of this Order 12 The foregoing order represents the best estimate of the court and counsel as to the agenda 13 most suitable to dispose of this case. If the parties determine at any time that the schedule 14 outlined in this order cannot be met, counsel are ordered to notify the court immediately of that 15 fact so that adjustments may be made, either by stipulation or by subsequent status conference. 16 Stipulations extending the deadlines contained herein will not be considered unless 17 they are accompanied by affidavits or declarations, and where appropriate attached 18 exhibits, which establish good cause for granting the relief requested. The parties are 19 advised that due to the impacted nature of civil cases on the district judges in the Eastern 20 District of California, Fresno Division, that stipulations to continue set dates are disfavored 21 and will not be granted absent good cause. 22 /// 23 /// 24 /// 25 /// 26 /// 27 28 wOAOe VETO AEE SAR MUO PI ete POY VI 1 Lastly, should counsel or a party appearing pro se fail to comply with the directions 2 | as set forth above, an ex parte hearing may be held and contempt sanctions, including 3 | monetary sanctions, dismissal, default, or other appropriate judgment, may be imposed 4 | and/or ordered. 5 6 IT IS SO ORDERED. EF 2 ee 7 | Dated: _July 21, 2020 _ Of 3 UNITED STATES MAGISTRATE JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28