Elawyers Elawyers
Washington| Change

Morgan v. McAleenan, 2:12-cv-01287-TLN-DB. (2019)

Court: District Court, E.D. California Number: infdco20190722645 Visitors: 4
Filed: Jul. 19, 2019
Latest Update: Jul. 19, 2019
Summary: ORDER TROY L. NUNLEY , District Judge . The Court is in receipt of the Joint Status Report filed on July 15, 2019 by Defendant Kevin K. McAleenan (hereafter, "Defendant"), as authorized by Plaintiff John P. Morgan (hereafter, "Plaintiff"). (ECF No. 201.) Based on the contents of that report, the Court understands that Plaintiff intends to pursue his cause of action appealing the decision of the Merit Systems Protection Board that upheld his dismissal from federal service. (ECF No. 201 at 1.
More

ORDER

The Court is in receipt of the Joint Status Report filed on July 15, 2019 by Defendant Kevin K. McAleenan (hereafter, "Defendant"), as authorized by Plaintiff John P. Morgan (hereafter, "Plaintiff"). (ECF No. 201.) Based on the contents of that report, the Court understands that Plaintiff intends to pursue his cause of action appealing the decision of the Merit Systems Protection Board that upheld his dismissal from federal service. (ECF No. 201 at 1.) The procedural posture of this case contemplates that this cause of action "shall be tried to the court separately following trial on all other causes of action herein." (ECF No. 58 at 43.)

Based on the parties' representation that Defendant has already "compiled the administrative record and provided it" to Plaintiff for his review, the Court hereby ORDERS the parties to comply with the following schedule for consideration of Plaintiff's remaining cause of action. Defendant shall lodge the administrative record with the Court no later than July 24, 2019. Plaintiff shall file an opening brief no later than August 16, 2019. Defendant shall file an opposition brief no later than August 30, 2019. Plaintiff shall file a reply brief no later than September 6, 2019. No statement of disputed or undisputed facts need be submitted. See L.R. 260. However, should the parties wish to provide the Court with their own proposed findings of fact and conclusions of law — which the Court encourages — said proposed findings and conclusions shall be filed no later than September 13, 2019.

At this time, the Court intends to decide Plaintiff's remaining cause of action solely on the basis of the written administrative record, without an oral hearing. Should the Court decide at a later date that an oral hearing is necessary, a minute order will issue.

IT IS SO ORDERED.

Source:  Leagle

Can't find what you're looking for?

Post a free question on our public forum.
Ask a Question
Search for lawyers by practice areas.
Find a Lawyer