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