McCulloch v. Commissioner of Social Security
Filing
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ORDER signed by Magistrate Judge Edmund F. Brennan on 7/25/2013 ORDERING that defendant shall file a cross-motion for summary judgment within 14 days. (Yin, K)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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ADELE MARIE McCULLOCH,
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Plaintiff,
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No. 2:12-cv-2329-EFB
v.
ORDER
CAROLYN W. COLVIN, Acting
Commissioner of Social Security,
Defendant.
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This case is before the undersigned pursuant to the consent of the parties. See 28 U.S.C.
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§ 636(c). On May 3, 2013, plaintiff filed a motion for summary judgment. ECF No. 21.
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Pursuant to the court’s scheduling order, defendant was required to file an opposition or a
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statement of non-opposition to plaintiff’s motion, as well as any cross-motions, within 30 days of
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the date plaintiff’s motion was served. ECF No. 5. After receiving an extension of time,
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defendant timely filed an opposition. ECF No. 25. Defendant did not file a cross-motion for
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summary judgment. Without defendant moving for summary judgment, the court is without
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authority to enter judgment in defendant’s favor should defendant successfully oppose plaintiff’s
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motion.
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Accordingly, IT IS HEREBY ORDERED that defendant shall file a cross-motion for
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summary judgment within 14 days of the date this order is served.
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Dated: July 25, 2013.
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