Valencia v. Colvin

Filing 16

ORDER REQUIRING STATEMENT OF THE ADMINISTRATIVE RECORD. Signed by Magistrate Judge Howard R. Lloyd on 6/15/2016. (hrllc2, COURT STAFF) (Filed on 6/15/2016)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 SAN JOSE DIVISON United States District Court Northern District of California 11 12 DANIEL STEPHEN VALENCIA, Plaintiff, 13 14 15 Case No. 5:15-cv-03048-HRL ORDER REQUIRING STATEMENT OF THE ADMINISTRATIVE RECORD v. CAROLYN W. COLVIN, Defendant. 16 17 18 As set forth in the Procedural Order for Social Security Review Actions (Dkt. No. 4), this 19 matter will be deemed submitted for decision without oral argument based on the parties’ motions 20 for summary judgment and/or remand. In connection with their motions, the parties shall file 21 either a joint statement or separate statements of the Administrative Record, summarizing: (1) the 22 procedural history of the case; (2) testimonial evidence from the hearing(s) before the 23 Administrative Law Judge; and (3) all relevant medical evidence of record. Accordingly, the court 24 orders the parties to meet and confer within 21 days of service of Defendant’s answer for the 25 purpose of determining whether they are able to file a joint statement of the Administrative 26 Record, or whether it is necessary for the parties to file separate statements. 27 A. 28 If the parties are able to agree on a joint statement of Administrative Record, the statement Joint Statement of the Administrative Record 1 shall be signed by both parties and filed by the same deadline as Plaintiff’s motion for summary 2 judgment or for remand. Each fact must be set forth in a separately numbered paragraph and cite 3 to a specific portion of the Administrative Record where the fact finds support. 4 B. 5 If the parties are unable to agree on a joint statement, they shall comply with the following 6 requirements for separate statements of the Administrative Record. 7 8 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 also file a statement, separate from the motion and memorandum of law, setting forth each fact 10 from the Administrative Record on which Plaintiff relies in support of the motion, including all 11 United States District Court Northern District of California 9 relevant medical evidence and written and oral testimony therein. Each fact must be set forth in a 12 separately numbered paragraph and cite to a specific portion of the Administrative Record where 13 the fact finds support. A failure to submit a separate statement in this form may constitute 14 grounds for denial of the motion. 15 2. 16 Defendant’s Statement At the time Defendant files the cross-motion for summary judgment or for remand, 17 Defendant must also file a statement, separate from the motion and memorandum of law, setting 18 forth: (a) for each paragraph of Plaintiff’s separate statement, a correspondingly numbered 19 paragraph indicating whether Defendant disputes the statement of fact as set forth by Plaintiff and, 20 if disputed, a reference to the specific portion of the Administrative Record supporting 21 Defendant’s position; and (b) any additional facts from the Administrative Record on which 22 Defendant relies in support of the motion. Each additional fact must be set forth in a separately 23 numbered paragraph and cite to a specific portion of the Administrative Record where the fact 24 finds support. 25 26 3. Plaintiff’s Reply Statement If Defendant sets forth additional facts in the cross-motion, Plaintiff shall file a statement, 27 separate from the reply brief, with correspondingly numbered paragraphs indicating whether 28 Plaintiff disputes the statement of fact as set forth by Defendant and, if disputed, a reference to the 2 1 2 3 specific portion of the Administrative Record supporting Plaintiff’s position. SO ORDERED. Dated: June 15, 2016 4 HOWARD R. LLOYD United States Magistrate Judge 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 5:15-cv-03048-HRL Notice has been electronically mailed to: 2 Geri Nadine Kahn 3 Jennifer Ann Kenney 4 Sara Winslow geri@gerinkahn.com, gekahn@gmail.com, tonidine@gerinkahn.com jennifer.a.kenney@ssa.gov, sf.ogc.ndca@ssa.gov sara.winslow@usdoj.gov, kathy.terry@usdoj.gov 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 4

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