Khek v. Colvin et al

Filing 21

ORDER FOR PARTIES TO MEET AND CONFER RE: STATEMENT OF ADMINISTRATIVE RECORD. Signed by Judge Maria-Elena James on 6/7/2016. (cdnS, COURT STAFF) (Filed on 6/7/2016)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 SOKHA KHEK, Case No. 15-cv-03902-MEJ Plaintiff, 8 ORDER RE: STATEMENT OF ADMINISTRATIVE RECORD v. 9 10 CAROLYN W. COLVIN, Defendant. United States District Court Northern District of California 11 12 As set forth in the Procedural Order for Social Security Review Actions (Dkt. No. 4), this 13 14 matter will be deemed submitted for decision without oral argument based on the parties’ motions 15 for summary judgment and/or remand. In connection with their motions, the parties shall file 16 either a joint statement or separate statements of the Administrative Record, summarizing: (1) the 17 procedural history of the case; (2) testimonial evidence from the hearing(s) before the 18 Administrative Law Judge; and (3) all relevant medical evidence of record. Accordingly, the 19 Court ORDERS the parties to meet and confer by June 20, 2016 for the purpose of determining 20 whether they are able to file a joint statement of the Administrative Record or whether it is 21 necessary for the parties to file separate statements. Given that this case was recently reassigned 22 to the undersigned magistrate judge, the parties may file a stipulation to extend the deadline to 23 meet and confer as well as motion filing deadlines. 24 A. 25 Joint Statement of the Administrative Record If the parties are able to agree on a joint statement of the Administrative Record, the 26 statement shall be signed by both parties and filed by the same deadline as Plaintiff’s motion for 27 summary judgment or for remand. Each fact must be set forth in a separately numbered paragraph 28 and cite to a specific portion of the Administrative Record where the fact finds support. The 1 statement shall include separate headings for each of the three areas listed above, but the 2 numbering for all three sections shall be continuous. 3 B. 4 5 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 6 1. 7 At the time Plaintiff files the motion for summary judgment or for remand, Plaintiff must also file a statement, separate from the motion and memorandum of law, setting forth each fact 9 from the Administrative Record on which Plaintiff relies in support of the motion. Each fact must 10 be set forth in a separately numbered paragraph and cite to a specific portion of the Administrative 11 United States District Court Northern District of California 8 Record where the fact finds support. The statement shall include separate headings for each of the 12 three areas listed above, but the numbering for all three sections shall be continuous. A failure to 13 submit a separate statement in this form may constitute grounds for denial of the motion. Defendant’s Separate Statement of the Administrative Record 14 2. 15 At the time Defendant files the cross-motion for summary judgment or for remand, 16 Defendant must also file a statement, separate from the motion and memorandum of law, setting 17 forth: (a) for each paragraph of Plaintiff’s separate statement, a correspondingly numbered 18 paragraph indicating whether Defendant disputes the statement of fact as set forth by Plaintiff and, 19 if disputed, a reference to the specific portion of the Administrative Record supporting 20 Defendant’s position; and (b) any additional facts from the Administrative Record on which 21 Defendant relies in support of the motion. Each additional fact must be set forth in a separately 22 numbered paragraph and cite to a specific portion of the Administrative Record where the fact 23 finds support. 24 3. Reply Statement of Facts 25 If Defendant sets forth additional facts in the cross-motion, Plaintiff shall file a statement, 26 separate from the reply brief, with correspondingly numbered paragraphs indicating whether 27 Plaintiff disputes the statement of fact as set forth by Defendant and, if disputed, a reference to the 28 specific portion of the Administrative Record supporting Plaintiff’s position. Facts that are not 2 1 2 already included in the motion and/or opposition are not permitted. IT IS SO ORDERED. 3 4 5 6 Dated: June 7, 2016 ______________________________________ MARIA-ELENA JAMES United States Magistrate Judge 7 8 9 10 United States District Court Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3

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