(SS) Brisk v. Commissioner of Social Security

Filing 13

ORDER LIFTING STAY; ORDER AMENDING the CASE SCHEDULE, signed by Magistrate Judge Jennifer L. Thurston on 11/17/2021. (Hall, S)

Download PDF
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 CARL P. BRISK, 12 13 14 Plaintiff, v. KILOLO KIJAKAZI1, Acting Commissioner of Social Security, 15 Defendant. 16 17 ) ) ) ) ) ) ) ) ) ) Case No.: 1:21-cv-0430 JLT ORDER LIFTING THE STAY ORDER AMENDING THE SCHEDULING ORDER This action was automatically stayed under General Order No. 615, due to the Commissioner’s 18 inability to prepare a certified copy of the administrative record with limitations caused by the COVID- 19 19 pandemic. (See Doc. 3 at 4.) General Order No. 615 allows the stay to be lifted when “i) the 20 Commissioner files a proof of service showing that the CAR has been served on Plaintiff; or ii) the 21 Commissioner files the CAR.” The Commissioner has now filed the certified administrative record. 22 (Doc. 12.) Accordingly, the Court ORDERS: 23 1. The stay imposed by General Order No. 615 is LIFTED; 24 2. Within 45 days of service of this order, the plaintiff shall file the motion for summary 25 judgment; 26 27 28 1 This action was originally filed against Andrew Saul in his capacity as the Commissioner of Social Security. (See Doc. 1 at 1.) The Court has substituted Kilolo Kijakazi, who has since been appointed the Acting Commissioner of Social Security, as the defendant. See Fed. R. Civ. P. 25(d). 1 Within 45 days after service of plaintiff’s opening brief, the defendant shall file the 1 3. 2 responsive brief; 3 4. 4 reply brief; 5. 5 6 Any motion for attorney fees shall be filed within 30 days after entry of final judgment. Opposition or a statement of non-opposition shall be filed within 30 days thereafter. 6. 7 8 Within 15 days after filing of defendant’s brief, the plaintiff shall file the optional All references to the record and all assertion of fact must be accompanied by citations to the record. The opening and responsive brief shall contain the following: (a) 9 A description of the plaintiff's alleged physical or emotional impairments, 10 including when the plaintiff contends the impairments became disabling, and how these impairments 11 disable the plaintiff from work; (b) 12 A summary of all relevant medical evidence, including an explanation of the 13 significance of clinical and laboratory findings and the purpose and effect of prescribed medication 14 and therapy; 15 (c) A summary of the relevant testimony at the administrative hearing; 16 (d) A recitation of the defendant's findings and conclusions relevant to the 17 plaintiff’s claims; 18 (e) A short, separate statement of each of the plaintiff’s legal claims stated in terms 19 of the insufficiency of the evidence to support findings of fact or reliance upon an erroneous legal 20 standard; and (f) 21 Argument separately addressing each claimed error. Argument in support of 22 each claim of error must be supported by citation to legal authority and explanation of the application 23 of such authority to the facts of the particular case. Briefs that do not substantially comply with these 24 requirements will be stricken. 7. 25 Requests for modification of this briefing schedule must be made by written stipulation 26 or motion and will be granted only for good cause. A request for a modification brought on the filing 27 deadline will be looked upon with disfavor. Local Rule 144(d). 28 /// 2 1 2 8. Violations of this order or of the federal rules of procedure or the Local Rules may result in sanctions pursuant to Local Rule 110. 3 4 5 6 IT IS SO ORDERED. Dated: November 17, 2021 _ /s/ Jennifer L. Thurston CHIEF UNITED STATES MAGISTRATE JUDGE 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3

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?