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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United States District Court
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Northern District of California

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GARY L. LEWIS,
Plaintiff,

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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

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On December 10, 2012, Defendant filed a motion to dismiss this case. Pursuant to the

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Northern District's Procedural Order for Social Security Review Actions, Defendant was to file an

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answer, together with a certified copy of the administrative record. See Dkt #3. Defendant was

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not given leave to file a motion to dismiss; therefore, the Court strikes the pleading as

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impertinent. See Fed. R. Civ. P. 12(f).

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Accordingly, it is hereby ORDERED that:

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1. Defendant's motion to dismiss is stricken, and the hearing date of January 17, 2013, is

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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.

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Dated: December 18, 2012
___________________________
KANDIS A. WESTMORE
United States Magistrate Judge