Pervaiz v. Commissioner of Social Security

Filing 14

ORDER signed by Magistrate Judge Kendall J. Newman on 11/16/16 GRANTING 13 Motion to Strike 12 Statement of Remand. (Washington, S)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MUHAMMAD NAYYAR PERVAIZ,

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No. 2:16-cv-2118-KJM-KJN PS

Plaintiff,
v.

ORDER

COMMISSIONER OF SOCIAL
SECURITY,
Defendant.

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On November 10, 2016, plaintiff filed a “statement of remand,” which the court liberally

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construes as a motion to remand. (ECF No. 12.) Thereafter, on November 14, 2016, the

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Commissioner filed a motion to strike plaintiff’s motion to remand on the basis that it is

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premature. (ECF No. 13.) The Commissioner’s counsel explained that she is still assembling the

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administrative record, and once that is complete, she will be able to consider plaintiff’s request

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for a voluntary remand.

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Accordingly, IT IS HEREBY ORDERED that:

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1. The Commissioner’s motion to strike (ECF No. 13) is granted.

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2. Plaintiff’s “statement of remand,” liberally construed as a motion to remand, is

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STRICKEN without prejudice as premature.
3. Once the Commissioner has completed assembly of the administrative record and
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review of plaintiff’s request for voluntary remand, the Commissioner shall promptly

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file the administrative record and notify plaintiff of its decision on the request for

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voluntary remand, and shall also file a brief notice regarding the Commissioner’s

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decision on the court’s docket.

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4. If the Commissioner does not agree to a voluntary remand, plaintiff shall file his

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motion for summary judgment/remand within 45 days of the Commissioner’s notice

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declining to voluntarily remand the action.

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5. All other briefing deadlines outlined in the initial scheduling order remain unchanged.

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IT IS SO ORDERED.

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Dated: November 16, 2016

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