Jean Anne Waring v. Carolyn W Colvin

Filing 23

ORDER TO SHOW CAUSE WHY THIS CASE SHOULD NOT BE DISMISSED by Magistrate Judge Frederick F. Mumm. Response to Order to Show Cause due by 1/26/2017. (Attachments: # 1 cmo) (jm)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 CENTRAL DISTRICT OF CALIFORNIA 9 10 JEAN ANNE WARING, Plaintiff, 11 12 13 14 v. CAROLYN W. COLVIN, Acting Commissioner of Social Security, Defendant. 15 16 ) ) ) ) ) ) ) ) ) ) ) No. EDCV 15-1782 JFW (FFM) CASE MANAGEMENT ORDER (Social Security Case) In accordance with Local Rule 5-4, this case is designated for electronic 17 filing. Counsel shall electronically file all documents by 4:00 pm on or before the 18 due date. Courtesy copies of all electronically filed documents, with the Notice of 19 Electronic Filing attached, shall either (a) be delivered to the Magistrate Judge’s 20 Chambers no later than 4:00 pm on the next court day, or (b) shall be mailed to 21 Magistrate Judge Frederick F. Mumm at United States Courthouse, 255 East 22 Temple Street, Los Angeles, CA 90012 no later than the next court day. 23 The pro se plaintiff may file documents by mailing them to the Court or 24 presenting them to the filing window for filing. In either case, conformed copies of the 25 filed document should be mailed or delivered to the chambers of Magistrate Judge 26 Frederick F. Mumm. 27 28 In order to facilitate the just, speedy, and inexpensive determination of this case, the parties shall comply with the following instructions: I. 1 Plaintiff shall promptly serve the Summons and Complaint on defendant (on the 2 3 United States Attorney, or his or her authorized agent, by certified or registered mail, 4 or in the alternative, personally at Room 7516, Federal Building, 300 North Los 5 Angeles Street, Los Angeles, California 90012, and by certified or registered mail on 6 the Commissioner of the Social Security Administration and the Attorney General, as 7 required by law), and shall file a proof of such service within thirty (30) days of the 8 date of this Order. Failure to comply with this aspect of this Order may result in the issuance of an Order to Show Cause Re Dismissal for 9 10 Failure to Prosecute. 11 II. 12 Because of the large volume of social security benefit cases subjected to judicial 13 14 review, the defendant usually seeks an extension of time within which to plead to the 15 complaint. In order to eliminate the burden of preparing and responding to an 16 application for extension of time, IT IS ORDERED that defendant’s time to plead to 17 the complaint is extended such that defendant’s pleading must be filed within one 18 hundred and twenty (120) days of service of the complaint. Defendant shall file a 19 transcript of the administrative proceedings at the same time that defendant pleads to 20 the complaint. A paper copy of the transcript of the administrative proceedings must 21 be submitted directly to chambers within 24 hours of the time defendant pleads to the 22 complaint. 23 III. 24 Because cases of this nature are almost invariably resolved by motion for 25 26 summary judgment or remand, pre-trial proceedings are ordered waived. 27 /// 28 /// 2 IV. 1 Within thirty (30) days of the filing of defendant’s answer, the plaintiff shall file 2 3 a motion for summary judgment or remand. 4 V. 5 Within thirty (30) days of the filing of plaintiff’s motion for summary judgment 6 7 or remand, defendant shall file a motion for summary judgment or remand. 8 VI. 9 No papers filed in support of or in opposition to any motion for summary 10 11 judgment shall exceed ten (10) pages in length. 12 VII. 13 Local Rule 56 is inapplicable to this case. The parties need not comply with the 14 15 requirements of that Rule. 16 VIII. 17 If either party believes that the case cannot be resolved by motion, such party 18 19 shall so advise the Court and the opposing party in writing. 20 IX. 21 The Court will take the motions under submission without oral argument, unless 22 23 the Court otherwise orders. 24 /// 25 /// 26 /// 27 /// 28 /// 3 X. 1 2 3 4 The Clerk shall serve a copy of this Order, by United States mail, on the Plaintiff and on the United States Attorney for the Central District of California. IT IS SO ORDERED. 5 6 DATED: September 25, 2015 7 /S/ FREDERICK F. MUMM FREDERICK F. MUMM United States Magistrate Judge 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4

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