Orr v. Commissioner of Social Security

Filing 22

ORDER signed by Magistrate Judge Edmund F. Brennan on 10/8/15 ORDERING that Defendant shall file a Cross-Motion for summary judgment within 14 days of the date this order is served.(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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MARVIN DARNELL ORR,

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Plaintiff,

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No. 2:14-cv-1251-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 August 13, 2015, plaintiff filed a motion for summary judgment. ECF No. 16.

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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-motion, within 30 days of

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the date plaintiff’s motion was served. ECF No. 4. After receiving an extension of time,

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defendant timely filed an opposition. ECF No. 21. 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: October 8, 2015.

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