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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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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JEAN ANNE WARING,
Plaintiff,

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v.
CAROLYN W. COLVIN, Acting
Commissioner of Social Security,
Defendant.

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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

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filing. Counsel shall electronically file all documents by 4:00 pm on or before the

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due date. Courtesy copies of all electronically filed documents, with the Notice of

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Electronic Filing attached, shall either (a) be delivered to the Magistrate Judge’s

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Chambers no later than 4:00 pm on the next court day, or (b) shall be mailed to

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Magistrate Judge Frederick F. Mumm at United States Courthouse, 255 East

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Temple Street, Los Angeles, CA 90012 no later than the next court day.

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The pro se plaintiff may file documents by mailing them to the Court or

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presenting them to the filing window for filing. In either case, conformed copies of the

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filed document should be mailed or delivered to the chambers of Magistrate Judge

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Frederick F. Mumm.

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In order to facilitate the just, speedy, and inexpensive determination of this case,
the parties shall comply with the following instructions:

I.

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Plaintiff shall promptly serve the Summons and Complaint on defendant (on the

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United States Attorney, or his or her authorized agent, by certified or registered mail,

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or in the alternative, personally at Room 7516, Federal Building, 300 North Los

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Angeles Street, Los Angeles, California 90012, and by certified or registered mail on

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the Commissioner of the Social Security Administration and the Attorney General, as

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required by law), and shall file a proof of such service within thirty (30) days of the

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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

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Failure to Prosecute.

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II.

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Because of the large volume of social security benefit cases subjected to judicial

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review, the defendant usually seeks an extension of time within which to plead to the

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complaint. In order to eliminate the burden of preparing and responding to an

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application for extension of time, IT IS ORDERED that defendant’s time to plead to

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the complaint is extended such that defendant’s pleading must be filed within one

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hundred and twenty (120) days of service of the complaint. Defendant shall file a

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transcript of the administrative proceedings at the same time that defendant pleads to

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the complaint. A paper copy of the transcript of the administrative proceedings must

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be submitted directly to chambers within 24 hours of the time defendant pleads to the

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complaint.

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III.

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Because cases of this nature are almost invariably resolved by motion for

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summary judgment or remand, pre-trial proceedings are ordered waived.

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IV.

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Within thirty (30) days of the filing of defendant’s answer, the plaintiff shall file

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a motion for summary judgment or remand.

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V.

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Within thirty (30) days of the filing of plaintiff’s motion for summary judgment

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or remand, defendant shall file a motion for summary judgment or remand.

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VI.

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No papers filed in support of or in opposition to any motion for summary

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judgment shall exceed ten (10) pages in length.

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VII.

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Local Rule 56 is inapplicable to this case. The parties need not comply with the

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requirements of that Rule.

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VIII.

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If either party believes that the case cannot be resolved by motion, such party

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shall so advise the Court and the opposing party in writing.

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IX.

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The Court will take the motions under submission without oral argument, unless

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the Court otherwise orders.

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X.

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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.

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DATED: September 25, 2015

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/S/ FREDERICK F. MUMM
FREDERICK F. MUMM
United States Magistrate Judge

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