Demelo v. Commissioner of Social Security

Filing 17

ORDER signed by Magistrate Judge Edmund F. Brennan on 1/10/2017 ORDERING that defendant shall file a cross-motion for summary judgment within 14 days of the date this order is served. (Jackson, T)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ANTHONY JULIAN DEMELO,

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Plaintiff,

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No. 2:16-cv-1275-EFB

v.

ORDER

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

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On December 9, 2016, plaintiff filed a motion for summary judgment. ECF No. 15.

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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-motions, within 30 days of

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the date plaintiff’s motion was served. ECF No. 4. On January 9, 2017, defendant timely filed an

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opposition to plaintiff’s motion. ECF No. 16. Defendant did not, however, file a cross-motion

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for 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: January 10, 2017.

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