Newton v. SSA

Filing 21

ORDER signed by Magistrate Judge Edmund F. Brennan on 8/4/2014 ORDERING that defendant shall file a cross-motion for summary judgment within 14 days of the date this order is served. (Zignago, K.)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MISTY NEWTON,

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No. 2:13-cv-2458-GEB-EFB

Plaintiff,
v.

ORDER

CAROLYN W. COLVIN, Acting
Commissioner of Social Security,
Defendant.

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On May 20, 2014, plaintiff filed a motion for summary judgment. ECF No. 15. Pursuant

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to the court’s scheduling order, defendant was required to file an opposition or a statement of

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non-opposition to plaintiff’s motion, as well as any cross-motions, within 30 days of the date

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plaintiff’s motion was served. ECF No. 5. After receiving two extensions of time, defendant

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timely filed an opposition. ECF No. 15. Defendant did not file a cross-motion for summary

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judgment. Without defendant moving for summary judgment, the court is without authority to

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enter judgment in defendant’s favor should defendant successfully oppose plaintiff’s 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: August 4, 2014.

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