1485 Niagara, LLC, Plaintiff v. National Park Service, Joy Beasley, in her official capacity as Keeper of the National Register of Historic Places, Deb Haaland,1 in her official capacity as Secretary of the U.S. Department of the Interior, Defendants DECISION AND ORDER Plaintiff 1485 Niagara, LLC commenced this action on January 14, 2020, alleging violations of the Administrative Procedure Act related to Defendants’ failure to list Plaintiffs property on the National Register of Historic Places. See Dkt. 1. Defendants answered the complaint on March 16, 2020, and filed the administrative record on May 27, 2020. See Dkts. 8, 16, 17. Plaintiff moved for summary judgment on July 1, 2020. Dkts. 18, 21. Defendants cross-moved for summary judgment, and filed a response to Plaintiffs statement of undisputed facts, on August 20, 2020. See Dkts. 26, 27, 28, 29. Plaintiff responded in further support of its motion for summary judgment, and in opposition to Defendants’ cross-motion for summary judgment and statement of undisputed facts, on September 18, 2020. See Dkts. 34, 35. Defendants filed a reply in further support of their cross-motion for summary judgment on October 15, 2020. Dkt. 41. Together with their motions for summary judgment, the parties moved with respect to evidence submitted by Plaintiff. In particular, Defendants moved to strike extra-record evidence submitted by Plaintiff in support of its motion for summary judgment. Dkts. 24, 25. Plaintiff responded in opposition and cross-moved to supplement the administrative record. Dkts. 30, 31. Defendants opposed the cross-motion to supplement and further supported their motion to strike. See Dkt. 38. And Plaintiff further supported its motion to supplement. Dkt. 39. On March 23, 2020, the Court referred this case to United States Magistrate Judge Jeremiah J. McCarthy for all pretrial matters, excluding dispositive motions, under 28 U.S.C. §636(b)(1)(A). Dkt. 9. The Court added a dispositive referral, under 28 U.S.C. §§636(b)(1)(B) and (C), on October 6, 2020. Dkt. 40. Judge McCarthy issued a Report, Recommendation and Order (“RR&O”) on December 15, 2020: (1) recommending that this Court grant Plaintiff’s motion for summary judgment, in part, to the extent of vacating the administrative decision and remanding for further administrative proceedings; (2) recommending that this Court deny Defendants’ cross-motion for summary judgment; (3) granting Defendants’ motion to strike; and (4) denying Plaintiff’s motion to supplement, except as to the portions of Dkt. 18-2 (
