Adam Mathew Leveque v. Carolyn W Colvin
Filing
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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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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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)
) Case Number: C 15-3851
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ADAM LEVEQUE
) JOINT CASE STATUS REPORT &
) [PROPOSED] ORDER
Plaintiff(s),
) Date: July 5, 2016
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vs.
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CAROLYN COLVIN, Acting Commissioner, )
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Social Security
Defendant(s).
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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.
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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
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Page 1 of 5
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5:15-cv-03851-NC
Status Report and Proposed Order
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Entries No.18, 19). Plaintiff's Attorney never received Notice through ECF of Defendant's filing
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of her Answer and the Administrative Transcript. Plaintiff learned of these matters when
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contacted by Defendant's Attorney regarding scheduling of a meet and confer conference.
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Plaintiff's attorney has agreed to expedite this matter. (See No. 17, below.) Plaintiff’s attorney
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has received other communications through the Court's ECF system. It is possible that the error
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was a result of a catastrophic disk failure experienced by Plaintiff's attorney, who was on Oahu
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for surgery at the time this Order was entered.
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4. Motions
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There are no motions pending in this matter.
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5. Amendment of Pleadings
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The parties do not contemplate any further amendment of the Pleadings.
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6. Evidence Preservation
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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
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9. Class Actions
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Not applicable.
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10. Related Cases
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None.
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11. Relief
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Plaintiff requests payment of Social Security Disability benefits and Supplemental Security
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income disability payments. Defendant requests affirmance of her final decision.
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12. Settlement and ADR
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Not applicable, Civil L.R. 16-5
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Status Report and Proposed Order
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13. Consent to Magistrate Judge For All Purposes
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Consent to Magistrate Jurisdiction has been made by all parties.
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14. Other References
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Not applicable Civil L.R. 16-5
15. Narrowing of Issues
None.
16. Expedited Trial Procedure
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Not applicable. L.R. 16-5
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17. Scheduling
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Plaintiff shall file his statement of facts separately with his motion for Summary Judgment no
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later than Friday July 8, 2016. Defendant’s response and separate statement of facts will be filed
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no later than August 6, 2016. Plaintiff will file his Reply Brief by August 16, 2016, at which
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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
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All Attorneys have reviewed the Guidelines for Professional Conduct as posted on the Court’s
website.
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Page 3 of 5
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Status Report and Proposed Order
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21. Other
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None.
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Dated: July 5, 2016
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/s/ Tom Weathered
TOM WEATHERED
Counsel for plaintiff
Tweathered4@gmail.com
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BRIAN J. STRETCH,
Acting United States Attorney
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Dated: July 5, 2016
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/s/Richard M. Rodriguez
RICHARD M. RODRIGUEZ
Special Assistant United States Attorney
Attorneys for Defendant
Richard.rodriguez@ssa.gov
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Page 4 of 5
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Status Report and Proposed Order
CASE MANAGEMENT ORDER
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The above JOINT STATUS CONFERENCE STATEMENT & PROPOSED ORDER is
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approved as the Case Management Order for this case and all parties shall comply with its
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provisions. [In addition, the Court makes the further orders stated below:]
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IT IS SO ORDERED.
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Dated: July 5, 2016
RT
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s
M. Cousin
athanael
HONORABLE N
Judge NATHANAEL M. COUSINS
NO
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Status Report and Proposed Order
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UNITED STATES MAGISTRATE JUDGE
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