Zamari v. Commissioner of Social Security

Filing 19

ORDER that the Commissioner File a Status Report. No later than March 12, 2013, the Commissioner shall file a statement indicating when (or whether) service of the confidential letter briefs occurred. Order signed by Magistrate Judge Sheila K. Oberto on 3/6/2013. (Timken, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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REINA I. ZAMANI,
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Plaintiff,
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v.
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CAROLYN W. COLVIN,
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Acting Commissioner of Social Security,
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Defendant.
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_____________________________________ )

Case No.: 1:12-cv-00763-AWI-SKO
ORDER THAT THE COMMISSIONER
FILE A STATUS REPORT

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Pursuant to both the scheduling order (Doc. 6) in this case as well as the informational order

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for pro se litigants (Doc. 12), the parties were required to exchange confidential letter briefs.

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Plaintiff was required to serve on the Commissioner a letter brief within 30 days after service of the

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administrative transcript. (Doc. 6, ¶ 3; Doc. 12, 3:25-4:2.) The Commissioner was required to serve

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a responsive confidential letter brief within 35 days after service of Plaintiff's confidential letter

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brief. (Doc. 6, ¶ 4; Doc. 12, 4:10-11.) Finally, if the parties were unable to stipulate to a remand of

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the case, Plaintiff was to file an opening brief no later than 30 days after service of the

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Commissioner's responsive confidential letter brief. (Doc. 6, ¶ 6; Doc. 12, 5:2-3.)

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Here, the administrative record was filed and served on November 14, 2012. (Doc. 15.) As

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such, Plaintiff was required to serve the Commissioner with a confidential letter brief no later than

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Monday, December 17, 2012. See Fed. R. Civ. P. 5(b)(2)(C), (E); Fed. R. Civ. P. 6(d). (Doc. 6,

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¶ 3; Doc. 12, 3:25-4:2.) In turn, the Commissioner was required to serve a responsive confidential

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letter brief on Plaintiff no later than Friday, January 25, 2013.1 See Fed. R. Civ. P. 5(b)(2)(C);

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Fed. R. Civ. P. 6(d). (Doc. 6, ¶ 4; Doc. 12, 4:10-11.) As the parties have not filed a stipulation to

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remand the case, Plaintiff's opening brief was to be filed with the Court no later than Thursday,

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February 28, 2013. See Fed. R. Civ. P. 5(b)(2)(C); Fed. R. Civ. P. 6(d). (Doc. 6, ¶ 6; Doc. 12, 5:2-

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3.) On March 4, 2013, instead of filing an opening brief, Plaintiff filed a notice and additional

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medical information she requests be included in the Court's consideration of her appeal. (Doc. 18.)

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As Plaintiff has failed to file an opening brief, IT IS HEREBY ORDERED that no later than

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March 12, 2013, the Commissioner shall file a statement indicating when (or whether) service of

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the confidential letter briefs occurred.

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IT IS SO ORDERED.

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Dated:
d70o4d

March 6, 2013

/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE

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The calculation of these dates presumes that the parties each served their respective confidential letter briefs
on the day of the deadline.

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