Rather than offer an advisory opinion on claims that Plaintiffs may or may not
pursue, and rather than opine on the adequacy of an administrative record that the court
has not seen, the court orders as follows:
1) Defendants shall produce the administrative record as soon as is practicable, if
they have not done so already. They shall file the administrative record no
later than July 11. If they wish to request an extension of this deadline, they
must, at a minimum, file a motion demonstrating the court why they did not
have adequate time to prepare an administrative record in the more than eight
months since they filed their answer.
2) Plaintiffs shall review the administrative record and, no later than July 25, they
shall meet and confer with Defendants to discuss whether they believe the
administrative record is complete, and whether they believe they need
discovery beyond the administrative record.
3) Assuming the parties do not reach agreement, Plaintiff shall serve discovery
requests no later than August 8. If Defendants still contend that they have no
obligation to provide any discovery because this action should be tried on the
administrative record, they shall file a motion for protective order no later than
August 29. Otherwise, they shall provide timely responses to the discovery,
after which Plaintiff may move to compel or seek other relief as appropriate.
4) No later than September 17, the parties shall submit a joint statement
informing the court of what proceedings are necessary to bring this case to a
resolution. If they propose submitting dispositive motions, they shall propose
deadlines for those motions.
dispositive motions consistent with this District’s Local Rules. Indeed, given
that some of the claims that the court addressed last year involved purely legal
issues,2 the court is not certain why the parties have not already done so. The
court only requires that the parties meet and confer before filing any
dispositive motion, so that they may determine any areas of agreement and
reduce the number and length of any motions they file. The parties shall
certify their compliance with this requirement in any dispositive motion they