Voisard v. Commissioner of Social Security

Filing 13

ORDER signed by Magistrate Judge Edmund F. Brennan on 10/11/17: Plaintiff shall file a motion for summary judgment within 14 days of the date this order is served. The Commissioner's cross-motion for summary judgment shall be filed 45 days thereafter. (Kaminski, H)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MARLICIA A. VOISARD,

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Plaintiff,

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v.

No. 2:17-cv-1023-EFB

ORDER

NANCY A. BERRYHILL, Acting
Commissioner of Social Security,
Defendant.

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On October 6, 2017, plaintiff filed an opening brief and motion to remand, challenging the

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final decision of the Commissioner denying her application for Disability Insurance Benefits

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under Title II of the Social Security Act and requesting the matter be remanded to the

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administration for further proceedings. ECF No. 12. Plaintiff, however, did not file a motion for

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summary judgment. Without plaintiff moving for summary judgment, the court is without

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authority to enter judgment in her favor should she successfully demonstrate that the

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Commissioner’s decision is not supported by substantial evidence or the proper legal standards

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were not applied.

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Accordingly, it is hereby ORDERED that plaintiff shall file a motion for summary

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judgment within 14 days of the date this order is served. The Commissioner’s cross-motion for

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summary judgment shall be filed 45 days thereafter.

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DATED: October 11, 2017.

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