Algazzali v. Colvin

Filing 16

ORDER RE: STATEMENT OF ADMINISTRATIVE RECORD. Signed by Judge Maria-Elena James on 5/11/2015. (cdnS, COURT STAFF) (Filed on 5/11/2015)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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ABULAZEZ MOHAMED ALGAZZALI,

Case No. 15-cv-01847-MEJ

Plaintiff,
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ORDER RE: STATEMENT OF
ADMINISTRATIVE RECORD

v.
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CAROLYN W. COLVIN,
Defendant.

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As set forth in the Procedural Order for Social Security Review Actions (Dkt. No. 10), 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 the Administrative Record, setting forth all

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relevant medical evidence and written and oral testimony therein. Accordingly, the Court

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

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purpose of determining whether they are able to file a joint statement of the Administrative

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Record, or whether it is necessary for the parties to file separate statements.

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A.

Joint Statement of the Administrative Record
If the parties are able to agree on a joint statement of the Administrative Record, the

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statement shall be signed by both parties and filed by the same deadline as Plaintiff’s motion for

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summary judgment or for remand. Each fact, including all relevant medical evidence and written

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and oral testimony, 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 the Administrative Record
If the parties are unable to agree on a joint statement, they shall comply with the following

requirements for separate statements of the Administrative Record.
Plaintiff’s Separate Statement of the Administrative Record

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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 therein. Each fact must be set forth in a

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

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the fact finds support. A failure to submit a separate statement in this form may constitute

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grounds for denial of the motion.
Defendant’s Separate Statement of the Administrative Record

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2.

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At the time Defendant files the cross-motion for summary judgment or for remand,

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Defendant must also file a statement, separate from the motion and memorandum of law, setting
forth: (a) for each paragraph of Plaintiff’s separate statement, a correspondingly numbered

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United States District Court
Northern District of California

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

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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: May 11, 2015
______________________________________
MARIA-ELENA JAMES
United States Magistrate Judge

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