Mays v. Colvin

Filing 18

ORDER RE FAILURE TO FILE STATEMENT OF ADMINISTRATIVE RECORD. Parties shall meet and confer by 11/2/2015. Joint or Separate Statement due 11/16/2015. Defendant's Cross-Motion due 12/14/2015. Plaintiff's Reply due 12/28/2015. Signed by Judge Maria-Elena James on 10/19/2015. (cdnS, COURT STAFF) (Filed on 10/19/2015)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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PHILLIP MAYS,

Case No. 15-cv-02731-MEJ

Plaintiff,
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v.
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CAROLYN W. COLVIN,

ORDER RE: FAILURE TO FILE
STATEMENT OF ADMINISTRATIVE
RECORD

Defendant.
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On July 13, 2015, the Court ordered the parties to meet and confer for the purpose of

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

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United States District Court
Northern District of California

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whether it is necessary for the parties to file separate statements. 10. After the meet and confer,

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the Court directed the parties to file either a joint statement or separate statements of the

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Administrative Record, summarizing: (1) the procedural history of the case; (2) testimonial

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evidence from the hearing(s) before the Administrative Law Judge; and (3) all relevant medical

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evidence of record. Id. On October 16, 2015, Plaintiff filed a Motion for Summary Judgment, but

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no separate or joint statement of the record was filed.

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Accordingly, the Court ORDERS the parties to meet and confer by November 2, 2015 to

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determine whether they will file a joint or separate statement of the record. The joint or separate

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statement shall be filed by November 16, 2015. Defendant’s cross-motion (and separate statement

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of the record, if no joint statement is filed) is due December 14, 2015. Plaintiff’s reply (and reply

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statement of the record, if Defendant files a separate statement) is due December 28, 2015.

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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 deadline above. Each fact must be set

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forth in a separately numbered paragraph and cite to a specific portion of the Administrative

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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

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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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By the deadline above, Plaintiff must file a statement, separate from the motion and

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memorandum of law, setting forth each fact from the Administrative Record on which Plaintiff

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relies in support of the motion. Each fact must be set forth in a separately numbered paragraph

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and cite to a specific portion of the Administrative Record where the fact finds support. A failure

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to submit a separate statement in this form may constitute 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,
Defendant must also file a statement, separate from the motion and memorandum of law, setting

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United States District Court
Northern District of California

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forth: (a) for each paragraph of Plaintiff’s separate statement, 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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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: October 19, 2015
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MARIA-ELENA JAMES
United States Magistrate Judge

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