Bioscience Advisors, Inc. v. United States Securities and Exchange Commission
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 BIOSCIENCE ADVISORS, INC., Case No. 21-cv-00866-HSG
Plaintiff,
ORDER STAYING DISCOVERY
v. 9 Re: Dkt. Nos. 47, 48, 49, 50 UNITED STATES SECURITIES AND EXCHANGE COMMISSION, et al., 11 Defendants.
12 Plaintiff requests that the Court issue a scheduling order permitting discovery in this case, which involves three claims under the Administrative Procedure Act (“APA”) and one claim under the Freedom of Information Act (“FOIA”). “With a few exceptions, . . . judicial review of agency action is limited to a review of the administrative record.” Friends of the Earth v. Hintz, 800 F.2d 822, 828 (9th Cir. 1986). Here, Plaintiff has not demonstrated that any of the exceptional circumstances warranting extra-record discovery on its APA claims are present. See Lands Council v. Powell, 395 F.3d 1019, 1030 (9th Cir. 2005). Moreover, discovery would be premature at this stage when Defendants have not yet even filed the administrative record. See Dep’t of Com. v. New York, 139 S. Ct. 2551,…