Rivers v. Colvin

Filing 10

ORDER RE: STATEMENT OF ADMINISTRATIVE RECORD. Signed by Judge Maria-Elena James on 6/1/2016. (cdnS, COURT STAFF) (Filed on 6/1/2016)

1

UNITED STATES DISTRICT COURT

2

NORTHERN DISTRICT OF CALIFORNIA

3
4

RONALD DAVID RIVERS,

Case No. 16-cv-02399-MEJ

Plaintiff,
5

ORDER RE: STATEMENT OF
ADMINISTRATIVE RECORD

v.
6
7

CAROLYN COLVIN,
Defendant.

8
9
As set forth in the Procedural Order for Social Security Review Actions (Dkt. No. 2), this

10

United States District Court
Northern District of California

11

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

12

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

13

either a joint statement or separate statements of the Administrative Record, summarizing: (1) the

14

procedural history of the case; (2) testimonial evidence from the hearing(s) before the

15

Administrative Law Judge; and (3) all relevant medical evidence of record. Accordingly, the

16

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

17

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

18

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

19

A.

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

20
21

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

22

summary judgment or for remand. Each fact must be set forth in a separately numbered paragraph

23

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

24

statement shall include separate headings for each of the three areas listed above, but the

25

numbering for all three sections shall be continuous.

26

B.

27
28

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

1

1.

2

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

3

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

4

from the Administrative Record on which Plaintiff relies in support of the motion. Each fact must

5

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

6

Record where the fact finds support. The statement shall include separate headings for each of the

7

three areas listed above, but the numbering for all three sections shall be continuous. A failure to

8

submit a separate statement in this form may constitute grounds for denial of the motion.

9
10

2.

Defendant’s Separate Statement of the Administrative Record

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

United States District Court
Northern District of California

11

Defendant must also file a statement, separate from the motion and memorandum of law, setting

12

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

13

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

14

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

15

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

16

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

17

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

18

finds support.

19

3.

Reply Statement of Facts

20

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

21

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

22

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

23

specific portion of the Administrative Record supporting Plaintiff’s position. Facts that are not

24

already included in the motion and/or opposition are not permitted.

25
26
27
28

IT IS SO ORDERED.
Dated: June 1, 2016
______________________________________
MARIA-ELENA JAMES
United States Magistrate Judge
2