Turner v. Commissioner of Social Security

Filing 14

ORDER FOR PARTIES TO MEET AND CONFER RE: STATEMENT OF FACTS. Signed by Judge Maria-Elena James on 12/2/2014. (cdnS, COURT STAFF) (Filed on 12/2/2014)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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STEPHEN BRIAN TURNER,

Case No. 14-cv-04525-MEJ

Plaintiff,
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ORDER RE: STATEMENTS OF FACTS

v.
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COMMISSIONER OF SOCIAL
SECURITY,
Defendant.

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As set forth in the Procedural Order for Social Security Review Actions (Dkt. No. 6), this

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United States District Court
Northern District of California

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matter will be deemed submitted for decision without oral argument based on the parties’ motions

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for summary judgment and/or remand. In connection with their motions, the parties shall file

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either a joint statement or separate statements of facts setting forth all relevant medical evidence

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and written and oral testimony in the Administrative Record. Accordingly, the Court ORDERS

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the parties to meet and confer within 21 days of service of Defendant’s answer for the purpose of

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determining whether they are able to file a joint statement of facts in the record, or whether it is

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necessary for the parties to file separate statements of facts.

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A.

Joint Statement of Facts
If the parties are able to agree on a joint statement of facts, the statement shall be signed by

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both parties and filed by the same deadline as Plaintiff’s motion for summary judgment or for

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remand. Each fact must be set forth in a separately numbered paragraph and cite to a specific

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portion of the Administrative Record where the fact finds support.

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B.

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Separate Statements of Facts
If the parties are unable to agree on a joint statement of facts, they shall comply with the

following requirements for separate statements of facts.
Plaintiff’s Separate Statement of Facts

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1.

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At the time Plaintiff files the motion for summary judgment or for remand, Plaintiff must

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also file a statement, separate from the motion and memorandum of law, setting forth each fact

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from the Administrative Record on which Plaintiff relies in support of the motion, including all

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relevant medical evidence and written and oral testimony in the Administrative Record. Each fact

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must be set forth in a separately numbered paragraph and cite to a specific portion of the

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Administrative Record where the fact finds support. A failure to submit a separate statement of

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facts in this form may constitute grounds for denial of the motion.
Defendant’s Statement of Facts

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2.

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At the time Defendant files the cross-motion for summary judgment or for remand,
Defendant must also file a statement, separate from the motion and memorandum of law, setting

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forth: (a) for each paragraph of Plaintiff’s separate statement of facts, a correspondingly numbered

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paragraph indicating whether Defendant disputes the statement of fact as set forth by Plaintiff and,

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United States District Court
Northern District of California

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if disputed, a reference to the specific portion of the Administrative Record supporting

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Defendant’s position; and (b) any additional facts from the Administrative Record on which

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Defendant relies in support of the motion. Each additional fact must be set forth in a separately

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numbered paragraph and cite to a specific portion of the Administrative Record where the fact

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finds support.

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3.

Reply Statement of Facts

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If Defendant sets forth additional facts in the cross-motion, Plaintiff shall file a statement,

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separate from the reply brief, with correspondingly numbered paragraphs indicating whether

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Plaintiff disputes the statement of fact as set forth by Defendant and, if disputed, a reference to the

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specific portion of the Administrative Record supporting Plaintiff’s position.

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IT IS SO ORDERED.

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Dated: December 2, 2014
______________________________________
MARIA-ELENA JAMES
United States Magistrate Judge

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