McKnight v. Commissioner of Social Security

Filing 17

ORDER STRIKING Plaintiff's Opening Brief, signed by Magistrate Judge Jennifer L. Thurston on 12/17/2012. (Hall, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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) Case No.: 1:12-cv-00726-AWI-JLT
)
Plaintiff,
) ORDER STRIKING PLAINTIFF’S OPENING
) BRIEF
v.
)
COMMISSIONER OF SOCIAL SECURITY, )
)
)
Defendant.
)
GILBERT MCKNIGHT,

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Plaintiff filed an opening brief in this action on December 10, 2012. (Doc. 16). However,

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Plaintiff failed to comply with the substantive requirements of an opening brief. The Court’s order

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dated May 22, 2012 instructs an opening brief must contain the following:

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(a) a plain description of appellant's alleged physical or emotional impairments, when
appellant contends they became disabling, and how they disable appellant from work;

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(b) a summary of all relevant medical evidence including an explanation of the
significance of clinical and laboratory findings and the purpose and effect of prescribed
medication and therapy;

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(c) a summary of the relevant testimony at the administrative hearing;…

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(Doc. 9 at 3) (emphasis added). The parties were warned: “Briefs that do not substantially comply

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with these requirements will be stricken.” Id. at 4.

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Plaintiff asserts the administrative law judge (“ALJ”) erred in evaluation of the medical

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evidence, rejecting lay witness testimony, and in the assessment of his credibility. However, in
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Plaintiff’s opening brief, he failed to provide summaries of the medical evidence or the testimony

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provided at the hearing before the ALJ. Rather, the brief states: “Relevant medical facts are discussed

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in the context of the arguments” and “[r]elevant testimony is discussed in connection with the

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arguments.” (Doc. 16 at 2). This is insufficient to comply with the terms of the Court’s order to

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provide summaries of the evidence.

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Accordingly, it is HEREBY ORDERED:

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1.

Plaintiff’s opening brief is STRICKEN;

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2.

Plaintiff SHALL file an amended opening brief on or before January 7, 2013;

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3.

Defendant SHALL file a brief in opposition no later than thirty days after the date of
service of Plaintiff’s amended opening brief; and

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4.

Plaintiff’s reply, if any, shall be filed within fifteen days of the date of service of
Defendant’s brief.

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IT IS SO ORDERED.
Dated:

December 17, 2012

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

DEAC_Signature-END:

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