Denise White v. Carolyn W Colvin

Filing 19

ORDER TO SHOW CAUSE by Magistrate Judge Karen E. Scott. Accordingly, on or before June 7, 2016, Plaintiff is ORDERED to either (a) serve and file her motion for judgment on the pleadings in accordance with the format specified in Section VI of the July 31, 2015 Case Management Order or (b) show good cause in writing, if any exists, why Plaintiff did not timely file her motion for judgment on the pleadings, and why the Court should not recommend that this action be dismissed for failure to prosecute and failure to comply with the Court's prior Order. (See document for details.) (jdo)

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UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA

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DENISE WHITE,

) Case No. EDCV 15-1198-VAP (KES)
)
Plaintiff,
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vs.
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ORDER TO SHOW CAUSE
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CAROLYN W. COLVIN, Acting )
Commissioner of Social Security, )
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Defendant.
)
)
Under Section V.A of the Court’s July 31, 2015 Case Management Order (a

18 copy of which is attached hereto), Plaintiff was required to serve and file her motion
19 for judgment on the pleadings within 35 days of the service and filing of the Answer.
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The Answer was served and filed on March 22, 2016. Thus, including the 3

21 extra days to which Plaintiff was entitled under Fed. R. Civ. P. 6(d), the filing
22 deadline for Plaintiff’s motion for judgment on the pleadings was April 29, 2016.
23 Although that deadline now has elapsed, Plaintiff still has not filed her motion for
24 judgment on the pleadings.
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Accordingly, on or before June 7, 2016, Plaintiff is ORDERED to either (a)
26 serve and file her motion for judgment on the pleadings in accordance with the format
27 specified in Section VI of the July 31, 2015 Case Management Order or (b) show
28 good cause in writing, if any exists, why Plaintiff did not timely file her motion for
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1 judgment on the pleadings, and why the Court should not recommend that this action
2 be dismissed for failure to prosecute and failure to comply with the Court’s prior
3 Order. Plaintiff is forewarned that, if she fails to do either, the Court will deem such
4 failure a further violation of a Court order justifying dismissal and also deem such
5 failure as further evidence of a lack of prosecution on Plaintiff’s part.
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7 DATED: May 10, 2016
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KAREN E. SCOTT
UNITED STATES MAGISTRATE JUDGE

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Plaintiff 7/31/2015

JD

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UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA

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DENISE WHITE,

) Case No. EDCV 15-1198-VAP (KES)
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Plaintiff,
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CASE MANAGEMENT ORDER
vs.
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[Social Security]
)
CAROLYN W. COLVIN, Acting )
Commissioner of Social Security, )
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Defendant.
)
_____________________________ )

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NOTE: THIS ORDER SUPERSEDES THE PREVIOUSLY ASSIGNED

19 MAGISTRATE JUDGE’S CASE MANAGEMENT ORDER ISSUED ON
20 JUNE 22, 2015. SINCE PLAINTIFF IS PROCEEDING IN PRO PER, THIS
21 CASE IS NOT SUBJECT TO THE ELECTRONIC FILING PROCEDURES.
22 FURTHER, THIS ORDER DIFFERS IN VARIOUS RESPECTS FROM THE
23 COURT’S USUAL SOCIAL SECURITY CASE MANAGEMENT ORDER.
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In order to facilitate the just, speedy, and inexpensive determination of this

26 case, the parties shall comply with the following instructions.
27 //
28 //
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1 I.

Service of the Summons and Complaint

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Plaintiff shall promptly serve the summons and complaint on the Commissioner

3 in the manner required by Rule 4(i) of the Federal Rules of Civil Procedure and 20
4 C.F.R. § 423.1.1 Such service shall consist of sending copies of the summons and
5 complaint by registered or certified mail to each of the following: (a) the United
6 States Attorney for the Central District of California, or his or her authorized agent,
7 addressed to the civil process clerk at the Office of the United States Attorney, Civil
8 Division, Room 7516, Federal Building, 300 North Los Angeles Street, Los Angeles,
9 California 90012; (b) Region IX Chief Counsel, Office of the General Counsel, Social
10 Security Administration, 160 Spear Street, Suite 800, San Francisco, CA
11 94105-1545; and (c) the Attorney General of the United States in Washington, D.C.
12 Plaintiff shall then file promptly file a proof of service showing compliance with this
13 paragraph. The failure to effectuate proper service within one hundred and twenty
14 (120) days after the filing of the Complaint may result in the dismissal of this case.
15 See Fed. R. Civ. P. 4(m).
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17 II.

Motion to Dismiss

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Any motion to dismiss the complaint shall be filed in accordance with the rules

19 governing noticed motions; provided, however, that the motion shall be deemed
20 submitted on the basis of the papers timely filed as of the hearing date, without oral
21 argument, unless the Court orders otherwise. See Fed. R. Civ. P. 7 and 12; C.D. Cal.
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If this order is received by plaintiff prior to service of the summons and
complaint, plaintiff shall serve a copy of it concurrently with the summons and
complaint and promptly file a proof of service. If this order is not received by
plaintiff prior to service of the summons and complaint, plaintiff shall serve a copy
of it by first-class mail on the Office of the United States Attorney at the address set
forth in Paragraph I(a) within fourteen (14) days of receipt, and promptly file a proof
of service with the Court.
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1 Local Rules 7 and 12.
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3 III.

Service of Administrative Record and Filing of Answer

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The Commissioner shall have one hundred and twenty (120) days from the date

5 of service of the complaint in which to (a) serve and lodge a complete copy of the
6 certified administrative record, and (b) serve and file an answer.
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8 IV.

Discovery and Pre-trial Proceedings

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No discovery or other pre-trial proceedings not authorized by this order shall

10 be conducted without leave of court. In particular, no motion for summary judgment
11 shall be filed. The decision in this case will be made on the basis of the pleadings,
12 the administrative record, and the parties’ cross-motions for judgment on the
13 pleadings. In accordance with Rule 12(c) of the Federal Rules of Civil Procedure, the
14 Court will determine which party is entitled to judgment under the standards set forth
15 in 42 U.S.C. § 405(g).
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17 V.

Schedule for Filing of Cross-Motions for Judgment on the Pleadings

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A.

The cross-motions for judgment on the pleadings shall be filed according

19 to the following schedule:
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1.

Within 35 days of the service and filing of the answer, plaintiff

shall serve and file his/her motion for judgment on the pleadings.

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2.

Within 35 days of the service of plaintiff’s motion, the

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Commissioner shall serve and file his/her

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judgment on the pleadings.

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3.

opposition/cross-motion for

Within 28 days of the service of the Commissioner’s

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opposition/cross-motion, plaintiff shall serve and file his/her reply/opposition

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thereto.

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B.

This matter will be taken under submission as of the date plaintiff’s
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1 reply/opposition is due and decided on the papers without oral argument. See Local
2 Rule 7-15.
3 VI.

Format of Plaintiff’s Motion for Judgment on the Pleadings

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Plaintiff’s motion for judgment on the pleadings shall conform to the following

5 format, and comply with the local rules governing form and typeface:
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A.

Summary of the Case. Plaintiff shall provide a brief summary of the

7 background facts and procedural history.
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B.

Medical Evidence. Plaintiff shall state whether plaintiff will stipulate

9 that the ALJ’s decision fairly and accurately summarizes the material medical
10 evidence and testimony of record. If not, plaintiff shall either (a) specify the respects
11 in which plaintiff contends the ALJ’s decision misstates, mischaracterizes, or omits
12 any of the material medical evidence and/or testimony of record, or (b) state that the
13 contentions of misstatement, mischaracterization, or omission will be addressed in
14 Section D below.
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C.

Statement of Disputed Issues. Plaintiff shall identify and frame, in a

16 neutral fashion, each of the disputed issues that plaintiff is raising as the grounds for
17 reversal and/or remand. [Example: “Issue No. 1 – Whether the ALJ properly
18 evaluated plaintiff’s subjective complaints of pain.”]
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D.

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Issues and Contentions.
1.

Issue No. 1 [The heading shall conform to the first issue listed by

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plaintiff in the Statement of Disputed Issues.]. Plaintiff shall concisely set

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forth plaintiff’s contentions (including citations to the page(s) of the

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administrative record where cited evidence is found, complete citations to

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relevant legal authority, and definitions of medical terminology).

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2.
E.

Issue No. 2, etc. [Repeat the foregoing format as needed.]

Relief Requested. Plaintiff’s statement of relief requested.

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1 VII. Format of the Commissioner’s Opposition/Cross-Motion for Judgment on
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the Pleadings

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The Commissioner’s opposition/cross-motion shall conform to the following

4 format, and comply with the local rules governing form and typeface:
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A.

Summary of the Case. The Commissioner shall provide a brief summary

6 of the background facts and procedural history.
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B.

Medical Evidence.

The Commissioner shall state whether the

8 Commissioner will stipulate that the ALJ’s decision fairly and accurately summarizes
9 the material medical evidence and testimony of record. If not, the Commissioner
10 shall either (a) specify the respects in which the Commissioner contends that the
11 ALJ’s decision misstates, mischaracterizes, or omits any of the material medical
12 evidence and/or testimony of record, or (b) state that the contentions of misstatement,
13 mischaracterization, or omission will be addressed in Section D below.
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C.

Statement of Disputed Issues. The Commissioner shall not be bound by

15 the manner in which plaintiff framed the issues in dispute, if the Commissioner
16 believes that plaintiff did not frame them in a neutral or otherwise appropriate
17 fashion. Thus, the Commissioner may reframe the issues identified by plaintiff as
18 being in dispute, so long as the opposition/cross-motion is responsive to the issues
19 raised by plaintiff.
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D.

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Issues and Contentions.
1.

Issue No. 1 [The heading shall conform to the first issue listed by

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the Commissioner in the Statement of Disputed Issues.]. The Commissioner

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shall concisely set forth the Commissioner’s contentions (including citations

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to the page(s) of the administrative record where cited evidence is found,

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complete citations to relevant legal authority, and definitions of medical

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terminology).

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2.

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E.

Issue No. 2, etc. [Repeat the foregoing format as needed.]

Relief Requested. The Commissioner’s statement of relief requested.
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1 VIII. Requests for Extensions of Time
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The deadlines set forth in this order are designed to give parties exercising

3 reasonable diligence sufficient time to perform the required acts without seeking
4 extensions of time. Accordingly, requests for extensions of time are discouraged.
5 Any such request shall set forth specific facts showing that additional time is needed
6 despite diligent attempts to meet a deadline. Requests for extensions of time shall be
7 filed at least three (3) days before the deadline that is the subject of the request.
8 Whenever possible, a request for extension of time should be made in the form of a
9 proposed stipulated order.
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11 IX.

Oral Argument

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Unless otherwise ordered, the issues presented in the parties’ cross-motions for

13 judgment on the pleadings shall be deemed submitted for decision without oral
14 argument.
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IT IS SO ORDERED.

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18 DATED: July 31, 2015
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KAREN E. SCOTT
UNITED STATES MAGISTRATE JUDGE

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