Johnson v. Comissioner of Social Security

Filing 18

ORDER DIRECTING PLAINTIFF to Serve Defendant with a Confidential Letter Brief, signed by Magistrate Judge Jennifer L. Thurston on 9/11/2013. (Hall, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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Plaintiff,
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v.
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COMMISSIONER OF SOCIAL SECURITY, )
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Defendant.
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HUGH C. JOHNSON,

Case No.: 1:12-cv-01881 - JLT
ORDER DIRECTING PLAINTIFF TO SERVE
DEFENDANT WITH A CONFIDENTIAL LETTER
BREIF

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Hugh Johnson (“Plaintiff”) is proceeding pro se with an action for judicial review of the

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decision of the Social Security Administration to deny his application for benefits. (Doc. 1). On

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August 15, 2013, the Court issued an order to show cause to Plaintiff why the action should not be

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dismissed for his failure to comply with the Court’s Scheduling Order by serving Defendant with a

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confidential letter brief, and his failure to prosecute the action. (Doc. 15). The Court ordered Plaintiff

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to either show cause or serve Defendant with a confidential letter brief on or before August 30, 2013.

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Id. at 2. The Court warned that if Plaintiff failed to serve a letter brief, the action would be dismissed

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pursuant to Local Rule 110. Id.

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Plaintiff filed a response to the Court’s order on August 28, 2013. (Doc. 16). According to

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Plaintiff, he contacted the Court “and was told that all of the necessary papers had been filed and all

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parties had received summons,” and that he “was under the impression that all necessary parties and

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paper work had been received.” Id. at 1.
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Although Plaintiff is correct that the summons was issued and Defendant has been served, the

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Court’s Scheduling Order, which was issued on December 13, 2012, identifies what further actions that

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must be taken by the parties. (See Doc. 8). Pursuant to the terms of the Scheduling Order, Plaintiff

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must serve Defendant with “a letter brief outlining the reasons why he[] contends that a remand is

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warranted.” Id. at 2. The parties must exchange informal briefs to attempt informal resolution of the

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action. Thus, in the confidential letter brief, Plaintiff must set forth (1) the issues in the case, (2) the

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reasons why Plaintiff thinks he is entitled to Social Security benefits, and (3) why the decision to deny

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benefits should be remanded for further consideration by an administrative law judge. (See Doc. 8 at 2).

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The document must be marked “Confidential Letter Brief” and should not be filed with the Court. Id.

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Plaintiff must file a proof of service with the Court that the letter brief has been served. Id.
Because Plaintiff has not filed a confidential letter brief, at this time, the order to show cause is

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not discharged. However, given Plaintiff’s misunderstanding that all documents necessary had been

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completed, and his pro se status, the Court will extend the deadline for Plaintiff to comply with the

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terms of the Court’s orders to serve Defendant with a confidential letter brief.

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Accordingly, IT IS HEREBY ORDERED:

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1.

Plaintiff SHALL serve a confidential letter brief to Defendant as described in the

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Court’s Scheduling Order on or before September 23, 2013 and file a proof of service

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with the Court;
2.

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Defendant SHALL notify the Court no later than September 30, 2013 whether it has
received a confidential letter brief from Plaintiff; and

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3.

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Plaintiff is warned that failure to comply will result in the dismissal of the action

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for failure to prosecute and failure to comply with the Court’s orders pursuant to

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Local Rule 110.

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IT IS SO ORDERED.

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Dated:

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September 11, 2013

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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