(SS) Poole v. Commissioner of Social Security
SCHEDULING ORDER signed by Magistrate Judge Jeremy D. Peterson on 9/7/21 ORDERING that the stay is lifted. Within 45 days after service of the administrative record, the plaintiff shall file the motion for summary judgment. Within 45 days after service of plaintiff's opening brief, the defendant shall file the responsive brief as well as any cross motions. Within 15 days after filing of defendant's brief, the plaintiff shall file the optional reply brief and respond to any cross motions. Motions for attorney fees shall be filed within 30 days after entry of final judgment. (Kaminski, H)
Case 2:21-cv-00588-JDP Document 14 Filed 09/08/21 Page 1 of 2
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
NICHOLAS JAY POOLE,
No. 2:21-cv-00588-JDP (SS)
COMMISSIONER OF SOCIAL SECURITY,
This action was stayed pending the filing of the administrative record under General Order
Number 615. See G.O. 615 ¶¶ 6, 10. On September 7, 2021, defendant filed a copy of the
Accordingly, it is hereby ordered that:
The stay is lifted.
Within 45 days after service of the administrative record, the plaintiff shall file the
motion for summary judgment.
Within 45 days after service of plaintiff’s opening brief, the defendant shall file the
responsive brief as well as any cross motions.
Within 15 days after filing of defendant’s brief, the plaintiff shall file the optional reply
brief and respond to any cross motions.
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-00588-JDP Document 14 Filed 09/08/21 Page 2 of 2
filed within 120 days of service of the complaint. The opposing brief shall be filed within 14 days after
service of the motion. The reply brief shall be filed within seven days after service of the opposition
brief. The motion to dismiss need not be noticed for hearing.
Motions for attorney fees shall be filed within 30 days after entry of final judgment. If
any motion for attorney fees is not stipulated by the parties, the nonmoving party must file an
opposition or statement of non-opposition within 30 days.
All references to the record and all assertion of fact must be accompanied by citations
to the record. The parties’ briefs should not include recitations of the facts. Instead, the parties should
focus on addressing their arguments. Arguments in support of or opposition to each claim of error
must be supported by citation to legal authority and explanation of the application of such authority to
the facts of this case. Briefs that do not substantially comply with these requirements will be stricken.
Requests for modification of this briefing schedule will not be routinely granted. Any
such request must be made by stipulated motion and will be granted only for good cause. A motion
for a modification brought on the filing deadline will be looked upon with disfavor. Local Rule
Violations of this order or of the federal rules of procedure or the Local Rules may
result in sanctions pursuant to Local Rule 110.
IT IS SO ORDERED.
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?