Spencer vs. Carolyn W. Colvin

Filing 16

ORDER FOR STIPULATED STATEMENT OF FACTS. Signed by Judge Nathanael Cousins on 6/15/2016. (lmh, 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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RICHARD KENNETH SPENCER,

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United States District Court
Northern District of California

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Plaintiff,

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ORDER FOR STIPULATED
STATEMENT OF FACTS

v.

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Case No.16-cv-01108-NC

CAROLYN W. COLVIN,
Defendant.

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As set forth in the Procedural Order for Social Security Review Actions (Dkt. No.

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3), this matter will be deemed submitted for decision without oral argument based on the

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parties’ motions for summary judgment and/or remand. In connection with their motions,

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the parties shall file either a joint statement or separate statements of the Administrative

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Record, summarizing: (1) the procedural history of the case; (2) testimonial evidence from

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the hearing(s) before the Administrative Law Judge; and (3) all relevant medical evidence

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of record. Accordingly, the Court ORDERS the parties to meet and confer within 21 days

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of service of Defendant’s answer for the purpose of determining whether they are able to

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file a joint statement of the Administrative Record or whether it is necessary for the parties

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to file separate statements.

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Case No. 16-cv-01108-NC

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A.

Joint Statement of the Administrative Record
If the parties are able to agree on a joint statement of the Administrative Record, the

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statement shall be signed by both parties and filed by the same deadline as Plaintiff’s

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motion for summary judgment or for remand. Each 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

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fact finds support.

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B.

If the parties are unable to agree on a joint statement, they shall comply with the

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Separate Statements of the Administrative Record

following requirements for separate statements of the Administrative Record.
1.

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United States District Court
Northern District of California

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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

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must also file a statement, separate from the motion and memorandum of law, setting forth

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each fact from the Administrative Record on which Plaintiff relies in support of the

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motion. Each fact must be set forth in a separately numbered paragraph and cite to a

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specific portion of the Administrative Record where the fact finds support. A failure to

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submit a separate statement in this form may constitute grounds for denial of the motion.

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2.

Defendant’s Separate Statement of the Administrative Record

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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,

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setting forth: (a) for each paragraph of Plaintiff’s separate statement, a correspondingly

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numbered paragraph indicating whether Defendant disputes the statement of fact as set

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forth by Plaintiff and, if disputed, a reference to the specific portion of the Administrative

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Record supporting Defendant’s position; and (b) any additional facts from the

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Administrative Record on which Defendant relies in support of the motion. Each

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additional fact must be set forth in a separately numbered paragraph and cite to a specific

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portion of the Administrative Record where the fact finds support.

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Case No.16-cv-01108-NC

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3.

Reply Statement of Facts

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If Defendant sets forth additional facts in the cross-motion, Plaintiff shall file a

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statement, separate from the reply brief, with correspondingly numbered paragraphs

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indicating whether Plaintiff disputes the statement of fact as set forth by Defendant and, if

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disputed, a reference to the specific portion of the Administrative Record supporting

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Plaintiff’s position.

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IT IS SO ORDERED.

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Dated: June 15, 2016

_____________________________________
NATHANAEL M. COUSINS
United States Magistrate Judge

United States District Court
Northern District of California

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Case No.16-cv-01108-NC

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