Gier v. Commissioner of Social Security

Filing 19

ORDER signed by Magistrate Judge Kendall J. Newman on 9/17/13: The parties are ordered to meet and confer regarding the impact of the provisional grant, including whether the current action is fully or partially mooted by that decision and/or whether a voluntary remand of the action may be appropriate. The Commissioner shall include specific briefing regarding that issue as part of its cross-motion for summary judgment. (Kaminski, H)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DONALD GIER, SR.,

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No. 2:13-cv-0012-KJN

Plaintiff,
v.

ORDER

COMMISSIONER OF SOCIAL
SECURITY,
Defendant.

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Plaintiff Donald Gier, Sr., who is represented by counsel, commenced this social security

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action on January 2, 2013. (ECF No. 1.) On August 30, 2013, plaintiff filed a motion for

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summary judgment. (ECF No. 15.) Thereafter, on September 15, 2013, plaintiff filed a “notice

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of provisional grant of subsequent claim,” indicating that plaintiff has been provisionally granted

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benefits upon making an application subsequent to the one before the court. (ECF No. 18.)

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In light of this filing, the parties are ordered to meet and confer regarding the impact of

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the provisional grant, including whether the current action is fully or partially mooted by that

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decision and/or whether a voluntary remand of the action may be appropriate. The court will be

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willing to entertain any stipulation in that regard. However, if the Commissioner determines that

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the decision has no impact on this case, the Commissioner shall include specific briefing

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regarding that issue as part of its cross-motion for summary judgment. The court will also
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consider an appropriate stipulation for extension by the parties to allow the Commissioner some

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additional time to consider and brief the issue, if necessary.

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IT IS SO ORDERED.
Dated: September 17, 2013

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