King v. Colvin

Filing 12

ORDER Denying 10 Plaintiffs' Motion for Summary Judgment Without Prejudice. Signed by Judge Edward M. Chen on 5/23/2013. (Attachments: # 1 Certificate of Service). (emcsec, COURT STAFF) (Filed on 5/23/2013)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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HENRY KING and MAOYUN ZHANG,

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Plaintiffs,

For the Northern District of California

United States District Court

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v.
SOCIAL SECURITY ADMINISTRATION,
FREMONT,

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No. C-13-1897 EMC

ORDER DENYING PLAINTIFFS’
MOTION FOR SUMMARY JUDGMENT
WITHOUT PREJUDICE
(Docket No. 10)

Defendant.
___________________________________/

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In this action requesting review of the decision by the Secretary of Health and Human

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Services denying Plaintiffs’ Social Security benefits, Plaintiffs have filed a “Notice of Motion and

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Motion to and Memorandum of Points and Authorities in Support Thereof.” Docket No. 10.

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Though it is not entirely clear from the face of the motion, it seems that Plaintiffs intend this to be a

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motion for summary judgment. This motion, however, is premature. As explained in the procedural

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order issued on April 25, 2013, Plaintiffs should file their motion for summary judgment or motion

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for remand within 28 days after Defendant files its answer and a certified copy of the administrative

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record. Docket No. 3. This is to allow Plaintiffs the opportunity to review the administrative record

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so that they may cite to appropriate sections of the record in their motion.

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As Defendant has not yet filed its answer or a certified copy of the administrative record, this

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Court finds that Plaintiffs’ motion is premature, and thus DENIES the motion without prejudice.

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Plaintiffs may re-submit a motion for summary judgment within 28 days of service of Defendant’s

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answer.

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This order disposes of Docket No. 10.

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IT IS SO ORDERED.

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Dated: May 23, 2013
_________________________
EDWARD M. CHEN
United States District Judge

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For the Northern District of California

United States District Court

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