Adam Mathew Leveque v. Carolyn W Colvin

Filing 21

ORDER GRANTING JOINT CASE STATUS REPORT 20 . Signed by Judge Nathanael Cousins on 7/5/2016. (lmh, COURT STAFF) (Filed on 7/5/2016)

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1 2 UNITED STATES DISTRICT COURT 3 NORTHERN DISTRICT OF CALIFORNIA 4 5 6 7 8 9 10 11 12 13 14 15 ) ) Case Number: C 15-3851 ) ADAM LEVEQUE ) JOINT CASE STATUS REPORT & ) [PROPOSED] ORDER Plaintiff(s), ) Date: July 5, 2016 ) vs. ) ) CAROLYN COLVIN, Acting Commissioner, ) ) Social Security Defendant(s). ) ) ) The parties to the above-entitled action jointly submit this JOINT CASE STATUS REPORT & PROPOSED ORDER pursuant to the Standing Order for All Judges of the Northern District of California dated July 1, 2011 and Civil Local Rule 16-9. 16 17 18 19 20 21 22 23 24 25 26 1. Jurisdiction & Service The Court has jurisdiction under 42 USCA § 405(g). 2. Facts A brief chronology of the facts and a statement of the principal factual issues in dispute This case, challenging a final Decision of the Social Security Administration denying Plaintiff’s claim for disability benefits was filed on August 24, 2015 (Docket Entry No.1). The Court's Standing Procedural Order was entered by Judge Ronald M. Whyte on August 25, 2916. (Docket Entry No.4). On January 16, 2016, the case was reassigned to magistrate Judge Nathaniel Cousins. (Docket Entry No.11). Both parties have consented to magistrate jurisdiction. Defendant filed his answer and the Administrative Record on April 1, 2016. (Docket 27 Page 1 of 5 28 5:15-cv-03851-NC Status Report and Proposed Order 1 Entries No.18, 19). Plaintiff's Attorney never received Notice through ECF of Defendant's filing 2 of her Answer and the Administrative Transcript. Plaintiff learned of these matters when 3 contacted by Defendant's Attorney regarding scheduling of a meet and confer conference. 4 Plaintiff's attorney has agreed to expedite this matter. (See No. 17, below.) Plaintiff’s attorney 5 has received other communications through the Court's ECF system. It is possible that the error 6 was a result of a catastrophic disk failure experienced by Plaintiff's attorney, who was on Oahu 7 for surgery at the time this Order was entered. 8 4. Motions 9 There are no motions pending in this matter. 10 5. Amendment of Pleadings 11 The parties do not contemplate any further amendment of the Pleadings. 12 6. Evidence Preservation 13 14 15 16 17 18 This is an action based on Review of an Administrative Record. The Record as filed by Defendant is complete and no changes to the record are contemplated by the parties. 7. Disclosures Not applicable. Civil L. R. 16-5 8. Discovery Not applicable. Civil L.R. 16-5 19 9. Class Actions . 20 Not applicable. 21 10. Related Cases 22 None. 23 11. Relief 24 Plaintiff requests payment of Social Security Disability benefits and Supplemental Security 25 income disability payments. Defendant requests affirmance of her final decision. 26 12. Settlement and ADR 27 Not applicable, Civil L.R. 16-5 Page 2 of 5 28 5:15-cv-03851-NC Status Report and Proposed Order 1 13. Consent to Magistrate Judge For All Purposes 2 Consent to Magistrate Jurisdiction has been made by all parties. 3 14. Other References . 4 5 6 7 Not applicable Civil L.R. 16-5 15. Narrowing of Issues None. 16. Expedited Trial Procedure 8 Not applicable. L.R. 16-5 9 17. Scheduling 10 Plaintiff shall file his statement of facts separately with his motion for Summary Judgment no 11 later than Friday July 8, 2016. Defendant’s response and separate statement of facts will be filed 12 no later than August 6, 2016. Plaintiff will file his Reply Brief by August 16, 2016, at which 13 14 15 16 17 18 time the case will be deemed submitted. 18. Trial Not applicable Civil L.R. 16-5 19. Disclosure of Non-party Interested Entities or Persons Not Applicable. Civil L.R. 16-5 20. Professional Conduct 19 20 All Attorneys have reviewed the Guidelines for Professional Conduct as posted on the Court’s website. 21 \\\ 22 \\\ 23 \\\ 24 \\\ 25 \\\ 26 \\\ 27 Page 3 of 5 28 5:15-cv-03851-NC Status Report and Proposed Order 1 21. Other 2 None. 3 Dated: July 5, 2016 4 5 /s/ Tom Weathered TOM WEATHERED Counsel for plaintiff Tweathered4@gmail.com 6 7 BRIAN J. STRETCH, Acting United States Attorney 8 9 Dated: July 5, 2016 10 11 12 /s/Richard M. Rodriguez RICHARD M. RODRIGUEZ Special Assistant United States Attorney Attorneys for Defendant Richard.rodriguez@ssa.gov 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Page 4 of 5 28 5:15-cv-03851-NC Status Report and Proposed Order CASE MANAGEMENT ORDER 1 2 The above JOINT STATUS CONFERENCE STATEMENT & PROPOSED ORDER is 3 approved as the Case Management Order for this case and all parties shall comply with its 4 provisions. [In addition, the Court makes the further orders stated below:] 5 6 7 8 9 10 11 12 13 14 15 IT IS SO ORDERED. 21 Dated: July 5, 2016 RT 22 s M. Cousin athanael HONORABLE N Judge NATHANAEL M. COUSINS NO 20 TED GRAN FO 19 UNIT ED 18 RT U O S 17 ISTRIC ES D TC T TA R NIA 16 ER 24 25 26 27 Page 5 of 5 28 5:15-cv-03851-NC Status Report and Proposed Order A H 23 LI UNITED STATES MAGISTRATE JUDGE N F D IS T IC T O R C

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