(SS) Regina Rines v. Commissioner of Social Security

Filing 11

ORDER lifting stay and amending the scheduling order signed by Magistrate Judge Erica P. Grosjean on 1/11/2022. (Rooney, M)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 REGINA RINES, 12 13 14 Plaintiff, v. KILOLO KIJAKAZI, Acting Commissioner of Social Security, 15 Defendant. 16 ) ) ) ) ) ) ) ) ) ) Case No.: 1:21-cv-01113-BAK (EPG) ORDER LIFTING THE STAY ORDER AMENDING THE SCHEDULING ORDER 17 18 This action was automatically stayed under General Order No. 615, due to the Commissioner’s 19 inability to prepare a certified copy of the administrative record with limitations caused by the COVID- 20 19 pandemic. (See Doc. 3 at 4.) General Order No. 615 allows the stay to be lifted when “i) the 21 Commissioner files a proof of service showing that the CAR has been served on Plaintiff; or ii) the 22 Commissioner files the CAR.” On January 5, 2022, the Commissioner filed the certified administrative 23 record. (Doc. 9.) Accordingly, the Court ORDERS: 24 1. The stay imposed by General Order No. 615 is LIFTED; 25 2. Within 45 days of service of this order, the plaintiff shall file the motion for summary 26 judgment; Within 45 days after service of plaintiff’s opening brief, the defendant shall file the 27 3. 28 responsive brief; 1 4. 1 2 reply brief; 5. 3 4 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. 5 6 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) 7 A description of the plaintiff's alleged physical or emotional impairments, 8 including when the plaintiff contends the impairments became disabling, and how these impairments 9 disable the plaintiff from work; (b) 10 A summary of all relevant medical evidence, including an explanation of the 11 significance of clinical and laboratory findings and the purpose and effect of prescribed medication 12 and therapy; 13 (c) A summary of the relevant testimony at the administrative hearing; 14 (d) A recitation of the defendant's findings and conclusions relevant to the 15 plaintiff’s claims; 16 (e) A short, separate statement of each of the plaintiff’s legal claims stated in terms 17 of the insufficiency of the evidence to support findings of fact or reliance upon an erroneous legal 18 standard; and (f) 19 Argument separately addressing each claimed error. Argument in support of 20 each claim of error must be supported by citation to legal authority and explanation of the application 21 of such authority to the facts of the particular case. Briefs that do not substantially comply with these 22 requirements will be stricken. 7. 23 Requests for modification of this briefing schedule must be made by written stipulation 24 or motion and will be granted only for good cause. A request for a modification brought on the filing 25 deadline will be looked upon with disfavor. Local Rule 144(d). 26 /// 27 /// 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 IT IS SO ORDERED. 5 Dated: 6 January 11, 2022 /s/ 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

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