Rodriguez v. Social Security Administration

Filing 3

ORDER Requiring That the Government File a Response No Later Than June 27, 2014 signed by Magistrate Judge Gary S. Austin on 5/8/2014. (Martinez, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JERRY ROBERT RODRIGUEZ,

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14-mc-00006 GSA

Movant,
v.
SOCIAL SECURITY
ADMINTISTRATION OFFICE OF THE
INSPECTOR GENERAL,

ORDER REQUIRING THAT THE
GOVERNMENT FILE A RESPONSE NO
LATER THAN JUNE 27, 2014

Respondent.

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On February 13, 2014, the movant, Jerry Robert Rodriquez (“the movant”), filed a Motion

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for an Order Pursuant to Customer Challenge Provisions of the Right to Financial Privacy Act of

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1978 (“RFPA”), 12 U.S.C. § 3401 et seq. (Doc. 1). However, he had not paid the filing fee. On

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February 26, 2014, this Court ordered that the movant pay the filing fee within forty-five (45)

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days. The filing fee was paid on March 28, 2014.
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Pursuant to 12 U.S.C. 3410 (b) this Court orders the Respondent, Social Security

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Administration Office of the Inspector General (“the government”) to file a sworn response to the

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movant’s motion. This response shall be filed no later than June 27, 2014.

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The government has not yet appeared in this action. Accordingly, the movant shall serve

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a file-stamped copy of his motion and the sworn statement (Doc. 1) and a copy of this order by

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delivering or mailing by registered mail or certified mail to :

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Social Security Administration
Office of the Inspector General/Office of Investigations
2440 Tulare Street, Suite 310
Fresno, California 93721
ATTN; Special Agent Eric L. Owen

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The movant shall file a proof of service no later than May 21, 2014. The proof of service

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shall contain a statement under penalty of perjury identifying the date the above documents were

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served, the method of service, as well as the person served. The movant is advised that “a

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consumer’s ability to challenge a subpoena is cabined by strict procedural requirements.” S.E.C.
v. Jerry T. O’Brein, Inc., 467 U.S. 735, 745 (1984). Failure to comply with this order may

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result in dismissal of this action.
The Clerk of the Court is also directed to serve the government with a copy of this order at
the above address via first-class mail.

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IT IS SO ORDERED.
Dated:

May 8, 2014

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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