Wheat v. Commissioner of Social Security

Filing 17

ORDER signed by Magistrate Judge Craig M. Kellison on 4/27/15 ORDERING that Plantiff's MOTION to Change Venue 15 is GRANTED in part; The hearing on Defendant's MOTION to DISMISS 14 is CONTINUED from 4/29/15 to 5/27/2015 at 10:00 AM in R edding (CMK) before Magistrate Judge Craig M. Kellison. The parties shall inform the court, on or before 5/13/15, whether they wish to waive oral argument, appear in person in Redding, appear via video conference from Sacramento, or appear telepho nically through Court Call. For those appearing through the Sacramento Courthouse, the hearing will be held in at 501 I Street, Courtroom 9, 13th Floor. (Mena-Sanchez, L) Plaintiff's opposition to the motion shall be filed in accordance with LocalRule 230(c), at least 14 days prior to the hearing date; and The Clerk of the Court is directed to serve a copy of this order on the Judicial Services Supervisor. (Mena-Sanchez, L)

1
2
3
4
5
6
7
8

IN THE UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

CAMILLE WHEAT,

12
13
14

No. 2:14-cv-0688-CMK PS

Plaintiff,
vs.

ORDER

COMMISSIONER OF SOCIAL
SECURITY,

15
Defendant.
16

/

17

Plaintiff, who is proceeding in propria persona, brings this action for judicial

18

review of a final decision of the Commissioner of Social Security under 42 U.S.C. § 405(g).

19

Pending before the court is defendant’s motion to dismiss (Doc. 14), currently set for hearing

20

before the undersigned in Redding, California, on April 29, 2015. Plaintiff has responded to this

21

motion with a motion to change venue (Doc. 15).

22

In her motion, plaintiff indicates that she lacks transportation and the ability to

23

travel from Davis to Redding in order to attend the hearing. The undersigned acknowledges

24

public transportation to Redding can be difficult. However, as the court has the ability to hold

25

hearings telephonically or by video conference, it is unnecessary to reassign this case to a

26

different judge located in Sacramento. In order to accommodate plaintiff’s transportation
1

1

difficulties, the court will continue the hearing and allow the parties to waive oral arguments,

2

appear either telephonically through CourtCall, or through the court’s internal video conference

3

from a courtroom in Sacramento. A courtroom will be made available to the parties, and the

4

court in Sacramento will conference in with the court in Redding.

5

Finally, the court notes that no actual opposition to the motion to dismiss has been

6

filed. Given the continuance of the hearing date, pursuant to the local rules, any opposition to the

7

motion to dismiss shall be filed and served no later than 14 days prior to the continued hearing

8

date. Plaintiff is cautioned that failure to file an opposition, addressing the jurisdictional reasons

9

defendant contends dismissal is required, may result in the hearing being taken off calendar and

10

submitted on the papers.

11

Accordingly, IT IS HEREBY ORDERED that:

12

1.

Plaintiff’s motion to change venue (Doc. 15) is granted in part;

13

2.

The hearing on defendant’s motion to dismiss, on calendar April 29, 2015,

14

is continued to May 27, 2015, at 10:00 a.m.;

15

3.

The parties shall inform the court, on or before May 13, 2015, whether

16

they wish to waive oral argument, appear in person in Redding, appear via video conference from

17

Sacramento, or appear telephonically through CourtCall;

18
19

4.

For those appearing through the Sacramento Courthouse, the hearing will

be held in at 501 I Street, Courtroom 9, 13th Floor;

20

5.

Plaintiff’s opposition to the motion shall be filed in accordance with Local

21

Rule 230(c), at least 14 days prior to the hearing date; and

22

///

23

///

24

///

25

///

26

///
2

1
2

6.

The Clerk of the Court is directed to serve a copy of this order on the

Judicial Services Supervisor.

3
4
5
6

DATED: April 27, 2015
______________________________________
CRAIG M. KELLISON
UNITED STATES MAGISTRATE JUDGE

7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
3