(PC) Johnson v. Solano County Public Defenders Office et al

Filing 11

ORDER signed by Chief District Judge Kimberly J. Mueller on 9/7/21 ADOPTING 10 Findings and Recommendations. This action is dismissed without prejudice. The clerk of court is directed to close this case. (Kaminski, H)

Download PDF
Case 2:21-cv-00258-KJM-DB Document 11 Filed 09/08/21 Page 1 of 2 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 NICHOLAS JAY POOLE, Plaintiff, 12 13 14 No. 2:21-cv-00588-JDP (SS) SCHEDULING ORDER v. COMMISSIONER OF SOCIAL SECURITY, Defendant. 15 16 17 This action was stayed pending the filing of the administrative record under General Order 18 Number 615. See G.O. 615 ¶¶ 6, 10. On September 7, 2021, defendant filed a copy of the 19 administrative record. 20 Accordingly, it is hereby ordered that: 21 1. The stay is lifted. 22 2. Within 45 days after service of the administrative record, the plaintiff shall file the 23 24 25 26 27 28 motion for summary judgment. 3. Within 45 days after service of plaintiff’s opening brief, the defendant shall file the responsive brief as well as any cross motions. 4. Within 15 days after filing of defendant’s brief, the plaintiff shall file the optional reply brief and respond to any cross motions. 5. In those cases where a Fed. R. Civ. P. 12 motion to dismiss is warranted, the defendant shall file a motion to dismiss in lieu of filing the administrative record. The motion to dismiss shall be Case 2:21-cv-00258-KJM-DB Document 11 Filed 09/08/21 Page 2 of 2 1 filed within 120 days of service of the complaint. The opposing brief shall be filed within 14 days after 2 service of the motion. The reply brief shall be filed within seven days after service of the opposition 3 brief. The motion to dismiss need not be noticed for hearing. 4 6. Motions for attorney fees shall be filed within 30 days after entry of final judgment. If 5 any motion for attorney fees is not stipulated by the parties, the nonmoving party must file an 6 opposition or statement of non-opposition within 30 days. 7 7. All references to the record and all assertion of fact must be accompanied by citations 8 to the record. The parties’ briefs should not include recitations of the facts. Instead, the parties should 9 focus on addressing their arguments. Arguments in support of or opposition to each claim of error 10 must be supported by citation to legal authority and explanation of the application of such authority to 11 the facts of this case. Briefs that do not substantially comply with these requirements will be stricken. 12 8. Requests for modification of this briefing schedule will not be routinely granted. Any 13 such request must be made by stipulated motion and will be granted only for good cause. A motion 14 for a modification brought on the filing deadline will be looked upon with disfavor. Local Rule 15 144(d). 16 17 9. Violations of this order or of the federal rules of procedure or the Local Rules may result in sanctions pursuant to Local Rule 110. 18 19 IT IS SO ORDERED. 20 21 22 23 24 25 26 27 28 Dated: September 7, 2021 JEREMY D. PETERSON UNITED STATES MAGISTRATE JUDGE

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?