Ramirez v. Colvin

Filing 15

ORDER Requiring Statement of the Administrative Record. Signed by Magistrate Judge Howard R. Lloyd on 11/5/2015. (hrllc2, COURT STAFF) (Filed on 11/5/2015)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 SAN JOSE DIVISION United States District Court Northern District of California 11 12 LUCINDA RAMIREZ, Case No. 5:15-cv-02988-HRL Plaintiff, 13 v. ORDER REQUIRING STATEMENT OF THE ADMINISTRATIVE RECORD 14 15 CAROLYN W. COLVIN, Defendant. 16 17 As set forth in the Procedural Order for Social Security Review Actions (Dkt. No. 4), this 18 matter will be deemed submitted for decision without oral argument based on the parties’ motions 19 for summary judgment and/or remand. In connection with their motions, the parties shall file 20 either a joint statement or separate statements of the Administrative Record, summarizing: (1) the 21 procedural history of the case; (2) testimonial evidence from the hearing(s) before the 22 Administrative Law Judge; and (3) all relevant medical evidence of record. Accordingly, the court 23 orders the parties to meet and confer within 21 days of service of Defendant’s answer for the 24 purpose of determining whether they are able to file a joint statement of the Administrative 25 Record, or whether it is necessary for the parties to file separate statements. 26 A. 27 If the parties are able to agree on a joint statement of Administrative Record, the statement 28 Joint Statement of the Administrative Record shall be signed by both parties and filed by the same deadline as Plaintiff’s motion for summary 1 judgment or for remand. Each fact must be set forth in a separately numbered paragraph and cite 2 to a specific portion of the Administrative Record where the fact finds support. 3 B. 4 If the parties are unable to agree on a joint statement, they shall comply with the following 5 requirements for separate statements of the Administrative Record. 6 7 Separate Statements of the Administrative Record 1. Plaintiff’s Separate Statement of the Administrative Record At the time Plaintiff files the motion for summary judgment or for remand, Plaintiff must 8 also file a statement, separate from the motion and memorandum of law, setting forth each fact 9 from the Administrative Record on which Plaintiff relies in support of the motion, including all relevant medical evidence and written and oral testimony therein. Each fact must be set forth in a 11 United States District Court Northern District of California 10 separately numbered paragraph and cite to a specific portion of the Administrative Record where 12 the fact finds support. A failure to submit a separate statement in this form may constitute 13 grounds for denial of the motion. 14 2. 15 Defendant’s Statement At the time Defendant files the cross-motion for summary judgment or for remand, 16 Defendant must also file a statement, separate from the motion and memorandum of law, setting 17 forth: (a) for each paragraph of Plaintiff’s separate statement, a correspondingly numbered 18 paragraph indicating whether Defendant disputes the statement of fact as set forth by Plaintiff and, 19 if disputed, a reference to the specific portion of the Administrative Record supporting 20 Defendant’s position; and (b) any additional facts from the Administrative Record on which 21 Defendant relies in support of the motion. Each additional fact must be set forth in a separately 22 numbered paragraph and cite to a specific portion of the Administrative Record where the fact 23 finds support. 24 25 3. Plaintiff’s Reply Statement If Defendant sets forth additional facts in the cross-motion, Plaintiff shall file a statement, 26 separate from the reply brief, with correspondingly numbered paragraphs indicating whether 27 Plaintiff disputes the statement of fact as set forth by Defendant and, if disputed, a reference to the 28 specific portion of the Administrative Record supporting Plaintiff’s position. 2 1 2 SO ORDERED. Dated: November 5, 2015 ________________________ HOWARD R. LLOYD United States Magistrate Judge 3 4 5 6 7 8 9 10 United States District Court Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 1 2 5:15-cv-02988-HRL Notice has been electronically mailed to: Alex Gene Tse alex.tse@usdoj.gov, kathy.terry@usdoj.gov, USACAN.SSA@usdoj.gov 3 Henry Liheng Chi henry.chi@ssa.gov, sf.ogc.ndca@ssa.gov 4 5 Marc V. Kalagian marc.kalagian@rksslaw.com, marckalagian_rohlfinglaw@hotmail.com, mayra.pulido@rksslaw.com 6 7 8 9 10 United States District Court Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4

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