Ceja v. Commissioner of Social Security

Filing 23

INFORMATIONAL ORDER Setting Briefing Schedule for Pro Se Litigant. Order signed by Magistrate Judge Sheila K. Oberto on 5/8/2017. (Timken, A)

Download PDF
1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 SOCORRO CERVANTES CEJA, 10 11 12 13 Plaintiff, v. NANCY A. BERRYHILL, 16 INFORMATIONAL ORDER SETTING BRIEFING SCHEDULE FOR PRO SE LITIGANT Plaintiff’s Opening Brief Due: June 2, 2017 Acting Commissioner of Social Security, Defendant. 14 15 Case No. 1:16-cv-00729-SKO _____________________________________/ Plaintiff Socorro Cervantes Ceja (“Plaintiff”) is proceeding pro se in an action seeking 17 judicial review of an administrative decision of the Commissioner of Social Security 18 (“Defendant”) that denied, in whole or in part, Plaintiff's claim for benefits under the Social 19 Security Act. 20 This order serves as a step-by-step guide for pro se litigants. Plaintiff is strongly urged to 21 read this order and keep it readily available for future reference. 22 As service of the Complaint (Doc. 6) and exchange of the Confidential Letter Briefs 23 (Docs. 15, 16) have already been completed, the Court will summarize the following steps 24 Plaintiff is required to take to prosecute this action. 25 I. 26 If, after exchanging the Confidential Letter Briefs, the parties are unable to agree to a Briefs 27 remand of the case, the parties must file formal briefs with the Court as directed in the Scheduling 28 Order. Following the filing of the formal briefs with the Court, the Court will consider the merits 1 of the case and make a decision. 2 3 A. Plaintiff's Opening Brief Although Plaintiff’s opening brief was originally required to be filed and served by April 4 21, 2017 (Doc. 22), the Court hereby ENLARGES the time for Plaintiff's opening brief to be 5 filed and served to no later than June 2, 2017. Plaintiff must serve a copy of the opening brief 6 on all the attorneys listed for Defendant on the court docket at the addresses noted on the court 7 docket. Plaintiff is advised that failure to timely file an opening brief will result in dismissal of the 8 action. 9 Plaintiff must also file the original opening brief, together with a copy, with the Court, by 10 either personal delivery or via U.S. mail to: Office of the Clerk United States District Court Eastern District of California 2500 Tulare Street, Suite 1501 Fresno, California 93721 11 12 13 14 Plaintiff's opening brief must contain the following: 15 (1) A plain description of Plaintiff's alleged physical or emotional impairments, when 16 Plaintiff contends they became disabling, and how the impairments disabled Plaintiff from 17 working; 18 (2) A summary of the administrative proceedings before the Social Security 19 Administration; 20 (3) A summary of the relevant testimony at the administrative hearing; 21 (4) A summary of all relevant medical evidence, including an explanation of the 22 significance of clinical and laboratory findings, and the purpose and effect of prescribed 23 medication and therapy; 24 (5) A recitation of the Social Security Administration's findings and conclusions 25 relevant to Plaintiff's claims; 26 (6) A short, separate statement of each of Plaintiff's legal claims explaining why the 27 facts do not support the ALJ's findings; and 28 (7) Any argument separately addressing each claimed error. 2 1 All references to the administrative record and all assertions of fact must be accompanied 2 by citations to the administrative record. Any argument in support of each claim of error must be 3 supported by citation to legal authority and an explanation as to how such authority applies to the 4 facts of the case. Briefs that do not substantially comply with these requirements will be stricken. 5 A document that is stricken becomes null and void and will not be considered by the Court for any 6 purpose. 7 B. 8 Defendant's Responsive Brief Pursuant to the Scheduling Order, Defendant's responsive brief must be filed and served on 9 Plaintiff within 30 days from the date of service of Plaintiff's opening brief on Defendant. 10 C. 11 Plaintiff's Reply Brief Plaintiff may, but is not required, to file a reply brief within 15 days from the date of 12 Defendant's service of the responsive brief on Plaintiff. Plaintiff must serve a copy of the reply 13 brief on Defendant by serving the United States Attorney for the Eastern District of California as 14 set forth in Section I above. Plaintiff must also file the original reply brief, together with a copy, 15 with the Court at the Court's address noted above. 16 Plaintiff's reply brief should respond to the arguments made in Defendant's responsive 17 brief. 18 II. 19 The Court will consider the merits of the case only after all briefs have been filed, and may The Court's Decision on the Merits 20 enter judgment affirming, modifying, or reversing the determination of the Social Security 21 Administration. The Court may or may not remand the case to the Social Security Administration 22 for a further hearing. 23 III. General Summary of Deadline Calculations 24 Event Deadline Reference Plaintiff's Opening Brief June 2, 2017 See Section (I)(A) above Defendant's Brief 25 30 days after Plaintiff's opening brief is filed See Section (I)(B) above 26 27 28 3 1 Plaintiff's Reply Brief (Optional) 15 days after Defendant's brief is filed See Section (I)(C) above 2 3 IV. 4 In litigating this action, the parties must comply with the Federal Rules of Civil Procedure Rules for Litigating this Action 5 and the Local Rules of the United States District Court, Eastern District of California ("Local 6 Rules"). A copy of the Local Rules may be obtained in the Clerk's Office at no charge. 7 A. Local Rule 206 pertains to social security actions. Specifically, sections 8 (a)(1) and (2) of Rule 206 generally state that complaints shall contain the last four digits of 9 Plaintiff's social security number only, i.e., XXX-XX-1234, and that Plaintiff shall privately 10 disclose to Defendant, within 5 days after a request is made to Plaintiff, the full social security 11 number of Plaintiff. Plaintiff shall refrain from disclosing the entire social security number on any 12 filings. 13 FAILURE TO COMPLY WITH THE LOCAL RULES, FEDERAL RULES, 14 OR A COURT ORDER, INCLUDING THIS ORDER, WILL BE GROUNDS FOR 15 DISMISSAL OR OTHER APPROPRIATE SANCTIONS. See Local Rule 110; Fed. R. Civ. 16 P. 41(b). 17 B. Documents intended to be filed with the Court must be mailed to the Clerk 18 of the Court in Fresno, California, at the address noted above. See Local Rule 134(a). All 19 documents mailed directly to a judge's chambers will be stricken from the record. A document 20 requesting a court order must be styled as a motion, not as a letter. See Fed. R. Civ. P. 7. 21 C. Each separate document must be separately stapled. See Local Rule 130. If 22 a document is stapled behind another document, it will not be filed and will not be docketed as a 23 separate document. 24 D. All documents filed with the Court must be submitted with an additional 25 legible copy for the Court's use. See Local Rule 133(d)(2). A document submitted without an 26 extra copy for the Court's use will be stricken. If the filing party wishes the Court to return a file27 stamped copy, an additional copy must be provided for that purpose (i.e., an original and two 28 copies – one for the Court's use and one to be returned to the filing party), together with a self4 1 addressed stamped envelope. The Court cannot provide copy or mailing service for a party – even 2 for an indigent plaintiff proceeding in forma pauperis. Copies of documents from the Court's file 3 may be obtained from the Clerk's Office at the cost of fifty cents per page. 4 E. After any defendant has appeared in an action by filing a pleading 5 responsive to the complaint (i.e., an answer or a motion to dismiss), all documents filed with the 6 Court must include a proof of service stating that a copy of the document was served on the 7 opposing party. See 28 U.S.C. § 1746; Fed. R. Civ. P. 5; Local Rule 135. A document submitted 8 without the required proof of service will be stricken. Where a party is represented by counsel, 9 service on the party's attorney of record constitutes effective service. 10 F. A pro se Plaintiff has a duty to keep the Court and opposing parties' counsel 11 apprised of a current address. If Plaintiff moves and fails to file a notice of change of address, 12 service of court orders at Plaintiff's prior address shall constitute effective notice. See Local Rule 13 182(f). If mail directed to Plaintiff is returned by the United States Postal Service as 14 undeliverable, the Court will not attempt to re-mail it. If Plaintiff's address is not updated within 15 60 days of mail being returned, the action will be dismissed for failure to prosecute. See Local 16 Rule 183(b). 17 18 IT IS SO ORDERED. 19 Dated: 20 May 8, 2017 /s/ Sheila K. Oberto UNITED STATES MAGISTRATE JUDGE 21 22 23 24 25 26 27 28 5 .

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?