Smith v. Colvin

Filing 23

ORDER RESETTING CMC. Case Management Statement due by 4/23/2015. Case Management Conference set for 4/30/2015 09:30 AM in Courtroom 5, 17th Floor, San Francisco.. Signed by Judge Edward M. Chen on 2/20/15. (bpf, COURT STAFF) (Filed on 2/20/2015)

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Case3:14-cv-01413-EMC Document22 Filed02/19/15 Page1 of 2 1 2 3 4 5 6 7 8 MELINDA L. HAAG, CSBN 132612 United States Attorney DONNA L. CALVERT, SBN IL 6191786 Regional Chief Counsel, Region IX Social Security Administration TOVA WOLKING, CSBN 259782 Special Assistant United States Attorney 160 Spear Street, Suite 800 San Francisco, California 94105 Telephone: (415) 977-8980 Facsimile: (415) 744-0134 E-Mail: tova.wolking@ssa.gov Attorneys for Defendant 9 UNITED STATES DISTRICT COURT 10 NORTHERN DISTRICT OF CALIFORNIA 11 SAN FRANCISCO DIVISION 12 ANNE M. SMITH, 13 Plaintiff, 14 15 v. 16 CAROLYN W. COLVIN, Acting Commissioner of Social Security, 17 Defendant. 18 ) Case No. 3:14-cv-01413-EMC ) ) JOINT CASE MANAGEMENT ) STATEMENT ) ) ) ) ) ) On January 12, 2015, this Court ordered that the parties file a Joint Case Management 19 20 Statement by February 19, 2015, and set a Case Management Conference for February 26, 2015, 21 at 9:30 a.m. in Courtroom 5, 17th Floor, in San Francisco (Dkt. #21). The parties to the above-entitled action therefore respectfully submit this JOINT CASE 22 23 MANAGEMENT STATEMENT. This case pertains to review of a closed administrative record.1 24 It does not involve discovery. The parties have fully briefed the case. On July 3, 2014, Defendant 25 1 26 27 28 Error! Main Document Only.Pursuant to 42 U.S.C. Section 405(g) the Court’s jurisdiction in this case is limited to reviewing the administrative record to determine whether the decision is supported by substantial evidence in the record, and whether the Commissioner complied with the requirements of the Constitution and the Social Security Act and administrative regulations in reaching the decision reviewed. Smith v. Colvin, 3:14-cv-01413-EMC – Jt. Case Mgmnt. Statement 1 Case3:14-cv-01413-EMC Document22 Filed02/19/15 Page2 of 2 1 lodged the certified administrative transcript (Dkt. #9). On August 27, 2014, Plaintiff filed her 2 motion for summary judgment (Dkt. # 14). On October 24, 2014, Defendant filed her cross motion 3 for summary judgment (Dkt. #17). On December 8, 2014, Plaintiff filed her reply (Dkt. # 20). The 4 certified administrative record and briefs are currently before the Court. Pursuant to Civil Local 5 Rule 16-5, the matter is therefore “deemed submitted for decision by the District Court without 6 oral argument.” 7 8 The parties jointly request that the Court vacate the Case Management Conference and issue a decision in this matter, based on the administrative record and briefs filed with the court. 9 10 Respectfully submitted, DATE: February 19, 2015 By: 11 12 13 DATE: February 19, 2015 /s/ David J. Linden* DAVID J. LINDEN Attorney for Plaintiff *By email authorization on 2/19/15 MELINDA L. HAAG United States Attorney 14 By: 15 16 17 /s/ Tova D. Wolking TOVA D. WOLKING Special Assistant United States Attorney Attorneys for Defendant 18 24 LI ER n M. Che A H 27 RT 26 NO 25 dward Judge E R NIA 23 DERED SO OR ED IT IS DIFI AS MO FO 22 An updated joint CMC RT U O 21 S 20 IT IS SO ORDERED. CMC is reset for 4/30/15 at 9:30 a.m. statement shall be filed by 4/23/15. __________________________ DISTRIC Edward M. Chen TES TC U.S. District TA Judge UNIT ED 19 N D IS T IC T R OF C 28 Smith v. Colvin, 3:14-cv-01413-EMC – Jt. Case Mgmnt. Statement 2

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