Local Rule 261: PROCEDURE IN ACTIONS FOR REVIEW ON AN ADMINISTRATIVE RECORD IN NON-SOCIAL SECURITY CASES
E.D. Cal. — Civil rule
RULE 261 (Fed. R. Civ. P. 6, Fed R. Civ. P. 16, Fed. R. Civ. P. 78, 5 U.S.C. §§ 551–559)
PROCEDURE IN ACTIONS FOR REVIEW ON AN ADMINISTRATIVE RECORD IN NON-SOCIAL SECURITY CASES In actions, other than Social Security actions, which require the Court to review an administrative record, the following deadlines shall apply unless otherwise ordered.
(a) Administrative Record. The defendant shall file the certified administrative record within 45 days of the filing of an Answer to the complaint.
(b) Motion. Within 45 days of service of the certified administrative record, plaintiff shall file a motion for summary judgment and any motion to supplement the administrative record. For administrative record cases, the parties need not file a statement of undisputed facts or a statement of disputed facts under Local Rule 260(a) or 260(b).
(c) Opposition and Cross-Motion. Within 45 days after the filing of the plaintiff's motion(s) under (b), the defendant shall file any opposition and cross-motion for summary judgment.
(d) Reply and Opposition. Within 15 days after the filing of the defendant's opposition and cross-motion, the plaintiff may file a reply and any opposition to the defendant's cross-motion.
(e) Cross-Motion Reply. Within 15 days after the filing of the plaintiff's opposition to the defendant's cross-motion, the defendant may file a reply in support of its cross-motion for summary judgment.
(f) Submitted without Hearing. Unless the Court orders otherwise, the matter will be deemed submitted for decision under Local Rule 230(g) on the day after the last brief is due under this Rule.