Khek v. Colvin et al
Filing
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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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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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SOKHA KHEK,
Case No. 15-cv-03902-MEJ
Plaintiff,
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ORDER RE: STATEMENT OF
ADMINISTRATIVE RECORD
v.
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CAROLYN W. COLVIN,
Defendant.
United States District Court
Northern District of California
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As set forth in the Procedural Order for Social Security Review Actions (Dkt. No. 4), this
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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, summarizing: (1) the
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procedural history of the case; (2) testimonial evidence from the hearing(s) before the
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Administrative Law Judge; and (3) all relevant medical evidence of record. Accordingly, the
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Court ORDERS the parties to meet and confer by June 20, 2016 for the purpose of determining
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whether they are able to file a joint statement of the Administrative Record or whether it is
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necessary for the parties to file separate statements. Given that this case was recently reassigned
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to the undersigned magistrate judge, the parties may file a stipulation to extend the deadline to
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meet and confer as well as motion filing deadlines.
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A.
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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 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. The
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statement shall include separate headings for each of the three areas listed above, but the
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numbering for all three sections shall be continuous.
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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
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. Each fact must
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be set forth in a separately numbered paragraph and cite to a specific portion of the Administrative
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United States District Court
Northern District of California
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Record where the fact finds support. The statement shall include separate headings for each of the
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three areas listed above, but the numbering for all three sections shall be continuous. A failure to
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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,
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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, 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. Facts that are not
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already included in the motion and/or opposition are not permitted.
IT IS SO ORDERED.
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Dated: June 7, 2016
______________________________________
MARIA-ELENA JAMES
United States Magistrate Judge
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United States District Court
Northern District of California
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