Zamari v. Commissioner of Social Security

Filing 23

ORDER MODIFYING the schedule. If Plaintiff fails to submit a confidential letter brief to the Commissioner on or before April 18, 2013, the Commissioner shall inform the Court of Plaintiff's failure to comply no later than April 19, 2013; and Plaintiff is cautioned that if she fails to submit a confidential brief to the Commissioner on or before the deadline set forth herein, Plaintiff's case may be recommended for dismissal for lack of prosecution and for failure to comply with the Court's order. Order signed by Magistrate Judge Sheila K. Oberto on 3/14/2013. (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 MODIFYING THE SCHEDULE

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Pursuant to both the scheduling order (Doc. 7) 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. 7, ¶ 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. 7, ¶ 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. 7, ¶ 6; Doc. 12, 5:2-3.)

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Here, the administrative record was lodged with the Court on November 14, 2012. (Doc. 15.)

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However, no certificate of service was filed showing that the administrative record was

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contemporaneously served on Plaintiff. On March 6, 2013, the Court ordered the Commissioner to

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file a status report indicating whether Plaintiff had served a confidential letter brief on the

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Commissioner. (Doc. 19.) On March 6, 2013, the Commissioner filed a certificate of service

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indicating that a certified copy of the administrative record was served on Plaintiff on March 6, 2013.

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(Doc. 20.) On March 13, 2013, the Commissioner filed a status report indicating that Plaintiff had

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not yet served a confidential letter brief on the Commissioner.

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As the only certificate of service filed by the Commissioner indicates that Plaintiff was not

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served with the administrative record until March 6, 2013, the schedule in the case must be modified.

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As such, the schedule is amended as follows:

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1.

Plaintiff must serve on the Commissioner, but not file with the Court, a confidential

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letter brief as described in the original scheduling order and the informational order

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for pro se litigants no later than Monday, April 8, 2013;1

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2.

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confidential letter brief no later than Thursday, May 16, 2013;
3.

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The Commissioner must serve on Plaintiff, but not file with the Court, a responsive

If the parties agree to remand the action to the agency, such a stipulation must be
filed no later than Monday, June 3, 2013;

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If the parties do not agree to remand the action to the agency, Plaintiff must file an

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opening brief no later than Thursday, June 20, 2013, that conforms with the

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requirements set forth in the original scheduling order and the informational order for

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pro se litigants;

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5.

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The Commissioner must file a responsive brief no later than Thursday, July 25,
2013; and

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Plaintiff may file an optional reply brief no later than Monday, August 12, 2013.

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For calculation of the dates, the parties are directed to Fed. R. Civ. P. 5(b)(2)(C), (E), 6(d),
and Docs. 7, ¶¶ 3-6; 12.
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Accordingly, IT IS HEREBY ORDERED that:

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1.

The schedule shall be modified as set forth above;

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2.

If Plaintiff fails to submit a confidential letter brief to the Commissioner on or before

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April 18, 2013, the Commissioner shall inform the Court of Plaintiff's failure to

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comply no later than April 19, 2013; and

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3.

Plaintiff is cautioned that if she fails to submit a confidential brief to the

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Commissioner on or before the deadline set forth herein, Plaintiff's case may be

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recommended for dismissal for lack of prosecution and for failure to comply

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with the Court's order.

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IT IS SO ORDERED.

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Dated:
ie14hj

March 14, 2013

/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE

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