Adam Mathew Leveque v. Carolyn W Colvin
Filing
14
ORDER REQUIRING PARTIES TO FILE JOINT SUMMARY OF THE RECORD. Re: Dkt. No. 4 . Signed by Judge Nathanael Cousins on 1/19/2016. (lmh, COURT STAFF) (Filed on 1/19/2016)
1
2
3
4
5
6
7
UNITED STATES DISTRICT COURT
8
NORTHERN DISTRICT OF CALIFORNIA
9
10
ADAM MATHEW LEVEQUE,
Plaintiff,
United States District Court
Northern District of California
11
v.
12
13
CAROLYN COLVIN,
Defendant.
14
Case No. 15-cv-03851 NC
ORDER REQUIRING PARTIES TO
FILE JOINT SUMMARY OF THE
RECORD
Re: Dkt. No. 4
15
16
17
As set forth in the Procedural Order for Social Security Review Actions (Dkt. No.
18
4), this matter will be deemed submitted for decision without oral argument based on the
19
parties’ motions for summary judgment and/or remand. In connection with their motions,
20
the parties shall file either a joint statement or separate statements of the Administrative
21
Record, summarizing: (1) the procedural history of the case; (2) testimonial evidence from
22
the hearing(s) before the Administrative Law Judge; and (3) all relevant medical evidence
23
of record. Accordingly, the Court ORDERS the parties to meet and confer within 21 days
24
of service of Defendant’s answer for the purpose of determining whether they are able to
25
file a joint statement of the Administrative Record or whether it is necessary for the parties
26
to file separate statements.
27
//
28
Case No. 15-cv-03851 NC
1
A.
Joint Statement of the Administrative Record
If the parties are able to agree on a joint statement of the Administrative Record, the
2
3
statement shall be signed by both parties and filed by the same deadline as Plaintiff’s
4
motion for summary judgment or for remand. Each fact must be set forth in a separately
5
numbered paragraph and cite to a specific portion of the Administrative Record where the
6
fact finds support.
7
B.
If the parties are unable to agree on a joint statement, they shall comply with the
8
9
Separate Statements of the Administrative Record
following requirements for separate statements of the Administrative Record.
Plaintiff’s Separate Statement of the Administrative Record
1.
11
United States District Court
Northern District of California
10
At the time Plaintiff files the motion for summary judgment or for remand, Plaintiff
12
must also file a statement, separate from the motion and memorandum of law, setting forth
13
each fact from the Administrative Record on which Plaintiff relies in support of the
14
motion. Each fact must be set forth in a separately numbered paragraph and cite to a
15
specific portion of the Administrative Record where the fact finds support. A failure to
16
submit a separate statement in this form may constitute grounds for denial of the motion.
Defendant’s Separate Statement of the Administrative Record
17
2.
18
At the time Defendant files the cross-motion for summary judgment or for remand,
19
Defendant must also file a statement, separate from the motion and memorandum of law,
20
setting forth: (a) for each paragraph of Plaintiff’s separate statement, a correspondingly
21
numbered paragraph indicating whether Defendant disputes the statement of fact as set
22
forth by Plaintiff and, if disputed, a reference to the specific portion of the Administrative
23
Record supporting Defendant’s position; and (b) any additional facts from the
24
Administrative Record on which Defendant relies in support of the motion. Each
25
additional fact must be set forth in a separately numbered paragraph and cite to a specific
26
portion of the Administrative Record where the fact finds support.
27
//
28
Case No. 15-cv-03851 NC
2
1
3.
Reply Statement of Facts
2
If Defendant sets forth additional facts in the cross-motion, Plaintiff shall file a
3
statement, separate from the reply brief, with correspondingly numbered paragraphs
4
indicating whether Plaintiff disputes the statement of fact as set forth by Defendant and, if
5
disputed, a reference to the specific portion of the Administrative Record supporting
6
Plaintiff’s position.
7
8
IT IS SO ORDERED.
9
10
Dated: January 19, 2016
United States District Court
Northern District of California
11
_____________________________________
NATHANAEL M. COUSINS
United States Magistrate Judge
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Case No. 15-cv-03851 NC
3
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?