Schmidt v. Colvin

Filing 8

Order requiring statement of the administrative record. Signed by Magistrate Judge Howard R. Lloyd on 11/18/15. (hrllc1S, COURT STAFF) (Filed on 11/18/2015)

E-Filed 11/18/15

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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COURTNEY ANN SCHMIDT,

Case No. 15-cv-04855-HRL

Plaintiff,
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v.

ORDER REQUIRING STATEMENT OF
THE ADMINISTRATIVE RECORD

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CAROLYN W. COLVIN,

Re: Dkt. No. 6

Defendant.

United States District Court
Northern District of California

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The Clerk of Court issued a procedural order on November 17, 2015. Dkt. No. 6. The
court now modifies the procedural requirements in this case.
Joint Statement of the Administrative Record

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The parties, within 21 days of service of Defendant’s answer, shall meet and confer to

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determine whether the parties are able to file a joint statement of the administrative record. If the

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parties are able to file a joint statement, it shall be due by the same deadline as Plaintiff’s motion

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for summary judgment or for remand. The joint statement must list all facts relevant to the

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parties’ arguments, including medical evidence and testimony, in separately numbered paragraphs.

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Each fact must be supported by at least one citation to the administrative record.
Separate Statements of the Administrative Record

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The parties shall file separate statements of the administrative record if they are unable to
file a joint statement.
Plaintiff’s Statement

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Plaintiff’s separate statement would be due by the same deadline as Plaintiff’s motion for

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summary judgment or remand, and the statement would be filed separately from Plaintiff’s motion

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and memorandum of law. The statement would contain all the facts relevant to Plaintiff’s motion

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in separately numbered paragraphs, and each fact must be supported by at least one citation to the

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administrative record.
Defendant’s Statement

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Defendant’s separate statement would be due by the same deadline as Defendant’s cross-

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motion for summary judgment or remand, and the statement would be filed separately from

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Defendant’s cross-motion and memorandum of law. Defendant’s statement would include: (a) for

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each paragraph of Plaintiff’s statement, a correspondingly numbered paragraph that states whether

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Defendant disputes Plaintiff’s factual characterizations, and with at least one citation to the

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administrative record to support any factual dispute; (b) if necessary, separately numbered

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paragraphs that state any additional facts relevant to Defendant’s cross-motion, and with at least

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one citation to the administrative record to support each additional fact.
Plaintiff’s Reply Statement

United States District Court
Northern District of California

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If Defendant states any additional facts to support the cross-motion, Plaintiff shall file a

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reply statement that contains, for each paragraph of additional facts in Defendant’s statement, a

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correspondingly numbered paragraph that states whether Plaintiff disputes Defendant’s factual

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characterizations.

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administrative record. This reply statement shall be filed separately from Plaintiff’s opposition

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brief and by the same deadline as the opposition brief.

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Each factual dispute shall be supported by at least one citation to the

IT IS SO ORDERED.
Dated: 11/18/15

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________________________
HOWARD R. LLOYD
United States Magistrate Judge

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