Lewis v. Commissioner of Social Security

Filing 18

ORDER by Judge Kandis A. Westmore striking 16 Motion to Dismiss (kawlc2, COURT STAFF) (Filed on 12/18/2012)

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1 2 United States District Court 3 Northern District of California 4 5 6 GARY L. LEWIS, Plaintiff, 7 8 9 10 Case No.: C 4:12-4258 KAW ORDER STRIKING COMMISSIONER'S MOTION TO DISMISS v. COMMISSIONER OF SOCIAL SECURITY, Defendant. Northern District of California United States District Court 11 12 On December 10, 2012, Defendant filed a motion to dismiss this case. Pursuant to the 13 Northern District's Procedural Order for Social Security Review Actions, Defendant was to file an 14 answer, together with a certified copy of the administrative record. See Dkt #3. Defendant was 15 not given leave to file a motion to dismiss; therefore, the Court strikes the pleading as 16 impertinent. See Fed. R. Civ. P. 12(f). 17 Accordingly, it is hereby ORDERED that: 18 1. Defendant's motion to dismiss is stricken, and the hearing date of January 17, 2013, is 19 20 21 vacated. See Dkt #16. 2. Defendant shall file an answer, together with a certified copy of the administrative record, within 30 days of the date of this order. 22 23 24 25 26 27 28 Dated: December 18, 2012 ___________________________ KANDIS A. WESTMORE United States Magistrate Judge

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