Armenta v. Commissioner of Social Security

Filing 15

INFORMATIONAL ORDER for Pro Se Litigants; ORDER DIRECTING Clerk to Serve Plaintiff as Specifically Directed, signed by Magistrate Judge Sandra M. Snyder on 12/22/11: Plaintiff's Opening Brief due 2/29/2012. (Hellings, J)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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FRANK ARMENTA, JR.,

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Plaintiff,

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v.
MICHAEL J. ASTRUE,
Commissioner of Social
Security,

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Defendant.

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1:11-cv-00558-SMS
INFORMATIONAL ORDER
FOR PRO SE LITIGANTS
ORDER DIRECTING CLERK TO
SERVE PLAINTIFF AS
SPECIFICALLY DIRECTED
Plaintiff’s Opening
Brief Deadline: 2/29/12

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Plaintiff is proceeding pro se in this action seeking

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judicial review of an administrative decision of the Commissioner

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of Social Security that denied, in whole or in part, plaintiff’s

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claim for benefits under the Social Security Act.

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This order provides the following helpful information, and

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basically serves as a guide, for pro se litigants. It is strongly

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suggested that plaintiff read and re-read this order and keep it

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readily available for reference.

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Pursuant to the Scheduling Order (Doc. 6), within one

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hundred twenty (120) days after service of the complaint,

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defendant is required to serve a copy of the administrative

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record on plaintiff and also file or lodge the administrative

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record with the Court, which serves as defendant’s answer to the

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complaint in this proceeding.

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filed the administrative record (Doc. 10).

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On August 26, 2011, defendant

Therefore, plaintiff’s opening brief must be filed and
served no later than ninety-five (95) days after the

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administrative record is lodged with the court, or by December 1,

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2011.

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until February 29, 2012, by which to file his opening brief (Doc.

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14).

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However, on December 22, 2011, the Court granted plaintiff

Therefore, plaintiff shall file his opening brief by

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February 29, 2012, with or without the assistance of legal

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counsel, utilizing the following guidelines:

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Plaintiff’s Opening Brief

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Plaintiff must serve a copy of the opening brief on all the

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attorneys listed for defendant on the court docket of the case at

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the addresses noted on the court docket as follows:

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Leo R. Montenegro
SSA Office of the General Counsel
Office of General Counsel
333 Market Street, Suite 1500
San Francisco, CA 94105
415-977-8943

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Alyson A. Berg
United States Attorney's Office
2500 Tulare Street, Suite 4401
Fresno, CA 93721
559-497-4000

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Plaintiff must also file the original opening brief,

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together with a copy, with the Court, by either personal delivery

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or via U.S. mail to:

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Office of the Clerk
United States District Court
Eastern District of California
2500 Tulare Street, Suite 1501
Fresno, CA 93721

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Plaintiff’s opening brief must contain the following:

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(1)

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a plain description of plaintiff’s alleged physical or

emotional impairments, when plaintiff contends they became
disabling, and how they disabled plaintiff from work;
(2)

a summary of the administrative proceedings before the

Social Security Administration;
(3)

a summary of the relevant testimony at the

administrative hearing;
(4)

a summary of all relevant medical evidence, including

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an explanation of the significance of clinical and laboratory

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findings, and the purpose and effect of prescribed medication and

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therapy;

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(5)

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a recitation of the Social Security Administration’s

findings and conclusions relevant to plaintiff’s claims;
(6)

a short, separate statement of each of plaintiff’s

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legal claims stated in terms of the insufficiency of the evidence

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to support a particular finding of fact or reliance on an

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erroneous legal standard; and,

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(7)

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All references to the administrative record and all

argument separately addressing each claimed error.

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assertions of fact must be accompanied by citations to the

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administrative record.

Argument in support of each claim of
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error must be supported by citation to legal authority and

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explanation of the application of such authority to the facts of

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the particular case.

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with these requirements will be stricken.

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stricken becomes null and void and is not considered by the Court

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for any purpose.

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Briefs that do not substantially comply
A document that is

Plaintiff is further advised that failure to timely file an
opening brief will result in dismissal of the action.
Defendant’s Brief

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Pursuant to the Scheduling Order, defendant’s responsive

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brief is due filed and served on plaintiff within thirty (30)

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days from the date of service of plaintiff’s opening brief on

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defendant.

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Plaintiff’s Reply Brief

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Plaintiff may file a reply brief, but is not required to do

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so, within fifteen (15) days from the date defendant served its

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responsive brief on plaintiff.

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the reply brief on defendant by serving the United States

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Attorney for the Eastern District of California at the address in

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Fresno, CA, noted above.

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reply brief, together with a copy, with the Court at the Court’s

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address in Fresno, CA, noted above.

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Plaintiff must serve a copy of

Plaintiff must also file the original

Plaintiff’s reply brief should respond to the arguments made
in defendant’s responsive brief.

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The Court’s Decision on the Merits

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The Court will consider the merits of the case only after

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all briefs have been filed, and may enter a judgment affirming,

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modifying, or reversing the determination of the Social Security
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Administration.

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Social Security Administration for a further hearing.

The Court may or may not remand the case to the

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Rules for Litigating the Action

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In litigating this action, the parties must comply with the

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Federal Rules of Civil Procedure (Fed.R.Civ.P.), and the Local

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Rules of the United States District Court, Eastern District of

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California (“Local Rules”).

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court’s website at www.caed.uscourts.gov.

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The Local Rules may be found on

Local Rule 206 is a special rule for social security

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actions.

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shall contain the last four digits of plaintiff’s social security

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number only, i.e., XXX-XX-1234, and that plaintiff shall

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privately disclose to defendant, within five (5) days after a

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request is made to plaintiff, the full social security number of

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plaintiff.

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Specifically (a)(2) generally states that complaints

Therefore, plaintiff shall refrain from disclosing the
entire social security number on any filings.

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FAILURE TO COMPLY WITH THE LOCAL RULES, FEDERAL RULES, OR A

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COURT ORDER, INCLUDING THIS ORDER, WILL BE GROUNDS FOR DISMISSAL

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OR OTHER APPROPRIATE SANCTIONS.

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41(b).

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See Local Rule 110; Fed.R.Civ.P.

Documents intended to be filed with the Court must be mailed

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to the Clerk of the Court in Fresno, CA, at the address noted

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above.

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mailed directly to a judge's chambers will be stricken from the

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record.

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motion, not a letter.

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See Local Rule 134(a).

All documents inappropriately

A document requesting a court order must be styled as a
See Fed.R.Civ.P. 7.

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Each document submitted for filing must include the original

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signature of the filing party or parties.

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Fed.R.Civ.P. 11(a).

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signature(s) will be stricken.

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separately stapled.

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stapled behind another document, it will not be filed and will

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not enter the court docket.

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Local Rule 131;

All documents submitted without the required
Each separate document must be

See Local Rule 130.

If a document is

All documents filed with the Court must be submitted with an
additional legible copy to be conformed for the Court's use.

See

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Local Rule 133(d)(2).

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for the Court's use will be stricken.

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the Court to return a file-stamped copy, an additional copy must

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be provided for that purpose (i.e., an original and two copies,

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one for the Court's use and one to be returned to the filing

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party), together with a self-addressed, stamped envelope.

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Court cannot provide copy or mailing service for a party, even

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for an indigent plaintiff proceeding in forma pauperis.

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of documents from the Court’s file may be obtained in the Clerk’s

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Office at the cost of fifty ($.50) cents per page.

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A document submitted without an extra copy
If the filing party wishes

The

Copies

After any defendant has appeared in an action by filing a

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pleading responsive to the complaint (i.e., an answer or a motion

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to dismiss), all documents filed with the Court must include a

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proof of service stating that a copy of the document was served

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on the opposing party.

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Rule 135.

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service will be stricken.

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counsel, service on the party's attorney of record constitutes

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effective service.

See 28 U.S.C. § 1746; F.R.Civ.P. 5; Local

A document submitted without the required proof of
Where a party is represented by

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A pro se party has an affirmative duty to keep the Court and

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opposing parties apprised of a current address.

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moves and fails to file a notice of change of address, service of

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court orders at plaintiff's prior address shall constitute

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effective notice.

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plaintiff is returned by the United States Postal Service as

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undeliverable, the Court will not attempt to re-mail it.

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plaintiff’s address is not updated, in writing, within sixty (60)

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days of mail being returned, the action will be dismissed for

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failure to prosecute.

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See Local Rule 182(f).

If plaintiff

If mail directed to

If

See Local Rule 183(b).

Finally, the Clerk of Court is DIRECTED to specifically
serve Plaintiff as follows:

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Frank Armenta, Jr.
4485 E. Indianapolis
Fresno, CA 93726

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C/O
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Frank Armenta, Jr.
Michelle Allread
1719 Ashcroft
Clovis, CA 93611

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IT IS SO ORDERED.

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Dated:

December 22, 2011

/s/ Sandra M. Snyder
UNITED STATES MAGISTRATE JUDGE

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