Zaidi v. Commissioner of Social Security

Filing 22

INTERIM ORDER re 13 Soliciting Further Briefing and Evidence. Signed by Judge Patricia V. Trumbull on 8/10/10. (pvtlc1) (Filed on 8/11/2010)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SAYED H ZAIDI, ) ) Plaintiff, ) ) v. ) ) COMMISSIONER OF SOCIAL ) SECURITY, ) ) Defendant. ) ___________________________________ ) Case No.: C 10-0698 PVT INTERIM ORDER SOLICITING FURTHER BR IEFIN G AND EVIDENCE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION

On August 10, 2010, the parties appeared before Magistrate Judge Patricia V. Trumbull for hearing on Defendant's Motion to Dismiss. In light of the briefs and arguments submitted, the court finds it needs further information and briefing in order to determine whether it has subject matter jurisdiction over this case, and if so, whether any time limit for Plaintiff to file this action should be deemed equitably tolled. Therefore, IT IS HEREBY ORDERED that, no later than August 31, 2010, Defendant shall serve on Plaintiff and lodge with chambers copies of its entire official file(s) regarding Plaintiff's claim(s), including Claim Number 602-60-4849HA (see Exhibit 4 to Plaintiff's Opposition to Defendant's Motion to Dismiss). IT IS FURTHER ORDERED that, no later than August 31, 2010, Defendant shall file a supplemental brief addressing the following issues: 1) Whether Defendant was required to notify Plaintiff of a right to a hearing in its decision on Plaintiff's Request for Reconsideration (see, 20 C.F.R. § 416.1422), and OR D E R, page 1

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2)

if not, why not; and Whether Defendant contends that the October 9, 2007 Notice of Award that it sent to Plaintiff was a "final decision" of the Commissioner.

Dated: August 10, 2010 PATRICIA V. TRUMBULL United States Magistrate Judge

OR D E R, page 2

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 OR D E R, page 3 /s/ Donna Kirchner ELIZABETH GARCIA Courtroom Deputy for copies mailed on 8/11/10 to: Counsel automatically notified of this filing via the court's Electronic Case Filing system.

Sayed H Zaidi 81 Mihalakis St., Apt. #401 Milpitas, CA 95035