Mann v. Heinauer

Full title: PRITPAL SINGH MANN, Plaintiff, v. GERARD HEINAUER, DIRECTOR, USCIS…

Court: United States District Court, Ninth Circuit, California, E.D. California

Date published: Jul 8, 2013

2:13-cv-00703-GEB-EFB (E.D. Cal. Jul. 8, 2013)

Opinion

PRITPAL SINGH MANN, Plaintiff, v. GERARD HEINAUER, DIRECTOR, USCIS NEBRASKA SERVICE CENTER; ALEJANDRO MAYORKAS, DIRECTOR, USCIS; U.S. CITIZENSHIP AND IMMIGRATION SERVICES; JANET NAPOLITANO, SECRETARY, U.S. DEPARTMENT OF HOMELAND SECURITY; ERIC H. HOLDER, JR., U.S. ATTORNEY GENERAL, Defendants. No. 2:13-cv-00703-GEB-EFB United States District Court, E.D. California. July 8, 2013

          STATUS (PRETRIAL SCHEDULING) ORDER

          GARLAND E. BURRELL, Jr., Senior District Judge.

         The status (pretrial scheduling) conference scheduled for hearing on July 8, 2013, is vacated since the parties' Joint Status Report filed on June 24, 2013 ("JSR") indicates the following Order should issue.

         SERVICE, JOINDER OF ADDITIONAL PARTIES, AMENDMENT

         No further service, joinder of parties or amendments to pleadings is permitted, except with leave of Court for good cause shown.

         DISCOVERY

         The parties agree in the JSR that "[t]his action is governed by the APA and therefore discovery is limited to the administrative record." (JSR 2:12-13, ECF No. 9.)

         Further, Defendants state in the JSR that they "will provide to the Plaintiff and file with the Court a certified copy of the administrative record as maintained by United States Citizenship and Immigration Services by July 1, 2013." (Id. at 2:16-18.)

         Defendants shall lodge, rather than file, a courtesy copy of the administrative record in compliance with Local Rule 138(b).

         CROSS-MOTIONS FOR SUMMARY JUDGMENT

         The parties indicate that "this case will be appropriate for resolution by cross-motions for summary judgment" and propose a briefing schedule for the cross-motions. (Id. at 2:20-26.) The parties' proposed briefing schedule is adopted as follows:

         Plaintiff's summary judgment motion shall be filed on or before September 30, 2013;

         Defendants' opposition and cross-motion for summary judgment shall be filed on or before October 28, 2013;

         Plaintiff's opposition to Defendants' cross-motion and reply in support of his summary judgment motion shall be filed on or before November 4, 2013;

         Defendants' reply in support of its cross-motion for summary judgment shall be filed on or before November 12, 2013;

         The hearing on the cross-motions shall be noticed for December 2, 2013, at 9:00 a.m.

         FURTHER STATUS CONFERENCE

         In the event the referenced cross-motions do not dispose of the case in its entirety, a further status conference is scheduled to commence at 9:00 a.m. on February 24, 2014. A joint status report shall be filed fourteen (14) days before the status conference, in which the parties shall address all pertinent subjects set forth in Local Rule 240(a).

         IT IS SO ORDERED.