Williams-Carter et al v. Commissioner of Social Security

Filing 30

ORDER signed by Magistrate Judge Kendall J. Newman on 11/13/14 ORDERING that Within seven (7) days of this order, the Commissioner shall file a brief statement advising the court whether or not it stipulates to a voluntary remand of the action.(Mena-Sanchez, L)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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SHEILA WILLIAMS-CARTER,

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Plaintiff,

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No. 2:13-cv-1744-KJN

v.

ORDER

COMMISSIONER OF SOCIAL
SECURITY,
Defendant.

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On August 8, 2014, upon withdrawal of plaintiff’s former counsel, the court issued an

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order requiring plaintiff, whether represented by new counsel or proceeding without counsel, to

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file her motion for summary judgment no later than October 13, 2014. (ECF No. 26.) Thereafter,

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on October 9, 2014, plaintiff filed a request for voluntary remand, attaching what plaintiff claims

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to be new medical evidence outside the evidentiary record. (ECF No. 27.) Although the October

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13, 2014 deadline has now long passed, plaintiff did not file a motion for summary judgment.
In light of plaintiff’s pro se status, the court liberally construes plaintiff’s October 9, 2014

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filing as both a request for voluntary remand directed to the Commissioner and a motion for

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summary judgment. Accordingly, IT IS HEREBY ORDERED that:

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1. Within seven (7) days of this order, the Commissioner shall file a brief statement

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advising the court whether or not it stipulates to a voluntary remand of the action.

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2. In the event that the Commissioner does not agree to a voluntary remand of the action,

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the court construes plaintiff’s October 9, 2014 filing as a motion for summary

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judgment, and the Commissioner shall file any opposition to that motion and cross-

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motion for summary judgment no later than December 18, 2014. Such opposition

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shall specifically address the impact, if any, of the new evidence submitted by plaintiff

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within the applicable legal framework.

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3. Plaintiff may, but need not, file a reply to the Commissioner’s opposition no later than
January 8, 2015.
4. Due to the several delays that already occurred in this case, the parties are cautioned

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that the court is disinclined to grant any further extensions of the briefing schedule in

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this matter absent extraordinary circumstances, which would not include plaintiff’s

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pro se status or the Commissioner’s counsel’s work schedule.

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IT IS SO ORDERED.
Dated: November 13, 2014

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