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

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DEVIL’S GARDEN PRESERVATION No. 2:17–cv–2185-MCE–KJN (PS) GROUP, et al., ORDER DENYING MOTION TO COMPEL Plaintiffs, (ECF No. 90) v. 14 U.S. FOREST SERVICE, et al., 15 Defendants. 16 On February 6, 2020, Plaintiffs filed a motion to compel, requesting Defendants be ordered to respond to thirteen requests for production of documents, as per the Federal Rules of Civil Procedure and as allowed by the district judge’s scheduling order. (See ECF No. 90, citing Rule 37 and ECF No. 83.) Defendants opposed, arguing (among other things) that because the issues raised in this case concern a decision by a federal agency, no discovery is allowed, as the procedures are governed by the Administrative Procedures Act. 5 U.S.C. § 706(1). The matter was set for a March 4, 2020 hearing before the undersigned. (ECF No. 99.) On February 27, 2020, the parties filed their joint statement regarding this dispute. (ECF No. 100.) Therein, Plaintiffs…