Davis v. Barnhart et al

Filing 291

DISREGARD ENTRY -- THIS ENTRY INCORRECTLY FILED IN C-06-6108 INSTEAD OF C-09-0980. ORDER Re 193 Joint Statement Re Plaintiffs' Summary Judgment Motions. Signed by Judge Edward M. Chen on 3/1/2012. (emcsec, COURT STAFF) (Filed on 3/1/2012) Modified on 3/1/2012 (emcsec, COURT STAFF).

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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TERRENCE DAVIS,

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For the Northern District of California

United States District Court

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Plaintiff,

No. C-06-6108 EMC
RELATED TO
No. C-09-0980 EMC

v.
MICHAEL J. ASTRUE, Commissioner of the
Social Security Administration,

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Defendant.
___________________________________/

ORDER RE JOINT STATEMENT RE
PLAINTIFFS’ SUMMARY JUDGMENT
MOTIONS

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JOHN DOE,

(Docket No. 282 in C-06-6108;
Docket No. 193 in C-09-0980)

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Plaintiff,
v.
MICHAEL J. ASTRUE, Commissioner of the
Social Security Administration,

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Defendant.
___________________________________/

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In accordance with the Court’s order of February 13, 2012, the parties filed a joint statement

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as to how to proceed with Plaintiffs’ motion for summary judgment. Having considered the joint

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statement, the Court hereby rules as follows.

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(1)

The Court shall permit Plaintiff to move for partial summary adjudication on the five

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issues set forth in the Joint Statement Re Plaintiffs’ Summary Judgment Motions (Docket No. 282 in

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C-06-6108 and Docket No. 193 in C-09-0980) pursuant to the schedule set forth below.

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(2)

Defendants shall have until May 2, 2012, to depose the following individuals:

Plaintiffs; Edward Lee; Coleman Wong; Ariana Eroy; Ramona Davis; Nat Jordan; and William Fry.

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(3)

By May 16, 2012, Plaintiffs shall file a new motion for partial summary adjudication.

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Plaintiffs’ prior motion for summary judgment is outdated given the passage of time and its focus on

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systemic relief. The motion shall be focused on the five issues. Plaintiffs may wish to rely on the

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deposition testimony of at least some, if not all, of the witnesses identified above in support of their

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motion.

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(4)

By May 30, 2012, the SSA shall file its opposition.

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(5)

By June 6, 2012, Plaintiffs shall file their reply.

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(6)

The Court shall hold a hearing on Plaintiffs’ motion for summary judgment on June

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22, 2012, at 1:30 p.m.

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For the Northern District of California

United States District Court

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IT IS SO ORDERED.

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Dated: March 1, 2012

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_________________________
EDWARD M. CHEN
United States District Judge

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