Devils Garden Preservation Group v. U.S. Forest Service

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 DEVILS GARDEN PRESERVATION No. 2:17-cv-02185-MCE-KJN GROUP et al., 12 Plaintiffs, ORDER v. 14 U.S. FOREST SERVICE et al., 15 Defendants. 16 Through this action, Plaintiffs assert four claims for relief against Federal Defendants for violations of the Administrative Procedure Act (“APA”), 5 U.S.C. § 701 et seq., and the Mandamus and Venue Act (“MVA”), 28 U.S.C. § 1361. First Amended Complaint, ECF No. 84. On October 9, 2019, this Court issued a Supplemental Pretrial Scheduling Order, which requires that non-expert discovery be completed within one year of the order, and that dispositive motions be filed within 180 days after the close of discovery. ECF No. 83. Presently before the Court is Federal Defendants’ Motion to Modify the Court’s Scheduling Order, which Plaintiffs oppose. ECF Nos. 88, 92. For

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…