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