Galvez v. Colvin

Filing 12

Scheduling Order for Joint Motion for Judicial Review of Final Decision of The Commissioner of Social Security. Signed by Magistrate Judge Lupe Rodriguez, Jr on 03/10/2025.(mjw)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

SOUTHERN DISTRICT OF CALIFORNIA

10
11

MARIO G.,1

Case No.: 25cv66-AGS (LR)
Plaintiff,

12
13

v.

14

LELAND DUDEK, Acting Commissioner
of Social Security,2

15

SCHEDULING ORDER FOR JOINT
MOTION FOR JUDICIAL REVIEW
OF FINAL DECISION OF THE
COMMISSIONER OF SOCIAL
SECURITY

Defendant.

16
17
18

On January 13, 2025, Plaintiff Mario G. filed a civil Complaint against

19

Defendant, then Acting Commissioner of Social Security, Carolyn Colvin, seeking

20

judicial review of the denial of his application for social security disability and

21

supplemental security income benefits. (ECF No. 1.) Defendant filed the Administrative

22
23
24
25
26
27
28

Pursuant to Civil Local Rule 7.1(e)(6)(b), the Court’s opinions in Social Security cases filed under
42 U.S.C. § 405(g) “refer to any non-government parties by using only their first name and last initial.”
1

2

Plaintiff named Carolyn Colvin, who was the Acting Commissioner of Social Security when Plaintiff
filed his Complaint on January 13, 2025, as a Defendant in this action. (See ECF No. 1 at 1.) Leland
Dudek is now the Acting Commissioner of Social Security, and he is automatically substituted as a party
pursuant to Federal Rule of Civil Procedure 25(d).

1
25cv66-AGS (LR)

1

Record on March 10, 2025. (ECF No. 11.)

2

Pursuant to Rule 16.1(e)(3) of the Civil Local Rules, an Early Neutral Evaluation/

3

Case Management Conference is not required to be held in this case. The Court hereby

4

enters the following scheduling order:

5

I.

6
7

MANDATORY SETTLEMENT PROCEDURES

The parties shall engage in good faith settlement negotiations to resolve the matter,
according to the following schedule:

8

A.

On or before April 7, 2025, plaintiff shall prepare and deliver by e-mail to

9

the Special Assistant United States Attorney (“SAUSA”) representing the Commissioner

10

(or, if no SAUSA is assigned to the case, to the assigned Assistant United States Attorney

11

(“AUSA”)) a written and detailed proposal of settlement.

12
13

B.

On or before April 28, 2025, the Commissioner shall evaluate the merits of

plaintiff’s contentions and confer with plaintiff’s counsel in writing by mail or e-mail.

14

C.

15

No later than May 5, 2025, one of the following actions shall occur:
1.

16

remanding, or otherwise resolving the case; or

17

2.

18
19

The parties shall electronically file a stipulation dismissing,

The parties shall electronically file a Joint Status Report advising the
Court that they have not resolved the matter in settlement discussions.

II.

JOINT MOTION FOR JUDICIAL REVIEW OF FINAL DECISION OF

20

THE COMMISSIONER OF SOCIAL SECURITY

21

If the parties cannot resolve the matter in settlement discussions before the

22

deadlines set forth in this order, the parties shall electronically file a Joint Motion for

23

Judicial Review of Final Decision of The Commissioner of Social Security (“Joint

24

Motion for Judicial Review”) in the manner, and according to the schedule, set forth

25

below. Considering the Joint Motion for Judicial Review requirements set forth in this

26

order, the parties are hereby excused from Civil Local Rule 7.1(e)(6). The parties shall

27

cooperate in preparing the Joint Motion for Judicial Review, and sanctions may be

28

imposed for any failure to cooperate. A Joint Motion for Judicial Review that is not
2
25cv66-AGS (LR)

1

signed by counsel for both parties may be rejected and stricken by the Court. A Joint

2

Motion for Judicial Review that is electronically filed, but that is not prepared in the

3

manner required by this order, may be stricken, and the parties will be required to cure

4

the defects by electronically filing an Amended Joint Motion for Judicial Review.

5

III.

CONTENT OF JOINT MOTION FOR JUDICIAL REVIEW

6

The Joint Motion for Judicial Review shall include:

7

1.

Each party’s brief summary of the case;

8

2.

The parties’ positions with respect to the Administrative Law Judge’s

9

(“ALJ”) summary of the material medical evidence and testimony of record;

10

3.

Each party’s statement of the disputed issues;

11

4.

The parties’ contentions with respect to each disputed issue; and

12

5.

The parties’ statements of the relief requested.

13

Any issue not raised in the Joint Motion for Judicial Review may be deemed to

14

have been waived. The Court is familiar with the standard of review and the sequential

15

evaluation process, so the parties should avoid boilerplate discussions of the governing

16

legal standards. Rather, the parties should focus on applying relevant and controlling

17

legal authority to the facts germane to each disputed issue.3 When citing cases, statutes,

18

regulations, Social Security Rulings, medical and vocational reference sources, or other

19

legal authority to support their legal arguments, the parties shall provide complete and

20

accurate citations to the portions of those authorities relied upon. The parties shall also

21

specify the evidence upon which they rely to support their contentions and provide

22

accurate page citations to the administrative record for all evidence relied upon [“AR

23

___”]. In addition, all medical terminology (including medical conditions, diagnoses,

24

procedures, tests, anatomical references, and pharmaceuticals) shall be defined in terms

25
26
27
28

3

The parties should cite only controlling case authority (i.e., decisions of the United States Supreme
Court or the Ninth Circuit Court of Appeals). If there is no controlling authority, the decisions of other
courts may be cited.
3
25cv66-AGS (LR)

1

understandable to a layperson, preferably by citation to a medical dictionary or glossary

2

from a standard reference work. The parties may not supplement the record beyond

3

definition of technical terms.

4

IV.

5
6

FORM OF JOINT MOTION FOR JUDICIAL REVIEW

The Joint Motion for Judicial Review shall be prepared in the following format,
and shall comply with the local rules governing form and typeface:

7

a.

8

Summary of the Case

Each party shall provide a brief summary of the relevant background facts and

9

procedural history.

10

b.

Medical Evidence

11

Plaintiff shall state whether plaintiff will stipulate that the ALJ’s decision fairly

12

and accurately summarizes the material medical evidence and testimony of record. If

13

not, plaintiff shall either (a) specify the respects in which plaintiff contends the ALJ’s

14

decision misstates, mischaracterizes, or omits any of the material medical evidence

15

and/or testimony of record, or (b) state that the contentions of misstatement,

16

mischaracterization, or omission are addressed in the argument in support of the Joint

17

Motion for Judicial Review.

18

The Commissioner shall state whether the Commissioner will stipulate that the

19

ALJ’s decision fairly and accurately summarizes the material medical evidence and

20

testimony of record. If not, the Commissioner shall either (a) specify the respects in

21

which the Commissioner contends that the ALJ’s decision misstates, mischaracterizes, or

22

omits any of the material medical evidence and/or testimony of record, or (b) state that

23

the contentions of misstatement, mischaracterization, or omission are addressed in the

24

argument in support of the Joint Motion for Judicial Review.

25

///

26

///

27

///

28

///
4
25cv66-AGS (LR)

1
2

c.

Statement of Disputed Issues

Each party shall identify and frame, in a neutral fashion, each of the disputed

3

issues. [Example: “Issue No. 1 – Whether the ALJ properly evaluated plaintiff’s

4

subjective complaints of pain.”]

5

d.

6

Issues and Contentions
i. Issue No. 1 [The heading shall conform to the first issue listed in the

7

Statement of Disputed Issues.]
1. Plaintiff’s Contentions Regarding Issue No. 1 [Plaintiff shall

8
9

concisely set forth plaintiff’s contentions (including citations to

10

the page(s) of the administrative record recited evidence is

11

found, complete citations to relevant legal authority, and

12

definitions of medical terminology).]

13

2. The Commissioner’s Contentions Regarding Issue No. 1 [The

14

Commissioner shall concisely set forth The Commissioner’s

15

contentions (including citations to the page(s) of the

16

administrative record where cited evidence is found, complete

17

citations to relevant legal authority, and definitions of medical

18

terminology).]

19

3. Plaintiff’s Reply Regarding Issue No. 1 [Plaintiff may, but is

20

not required to, reply to the contentions actually raised by the

21

Commissioner; provided, however, that any such reply does not

22

exceed 56 continuous lines of text per issue.]

23
24

ii. Issue No. 2, etc. [Repeat the foregoing format as needed.]
e.

Relief Requested

25

i. Plaintiff’s statement of relief requested.

26

ii. The Commissioner’s statement of relief requested.

27
28
5
25cv66-AGS (LR)

1

V.

2

FOR JUDICIAL REVIEW

3
4

SCHEDULE FOR PREPARATION & FILING OF JOINT MOTION

The Joint Motion for Judicial Review shall be prepared and electronically filed
according to the following schedule:

5

A.

No later than June 5, 2025, plaintiff’s counsel shall prepare and deliver to

6

the SAUSA or AUSA a draft of plaintiff’s portions of the Joint Motion for Judicial

7

Review (prepared as described in section IV). Plaintiff’s counsel shall provide the

8

SAUSA or AUSA and the Office of Regional Counsel with a printed copy of plaintiff’s

9

portions of the Joint Motion for Judicial Review and two computer-readable electronic

10

copies on a USB thumb/flash drive or via e-mail (one electronic copy must be in an

11

editable word processing format, such as Microsoft Word, and the other electronic copy

12

should be in .pdf format). The draft of plaintiff’s portions of the Joint Motion for Judicial

13

Review shall comply with the format and content requirements set forth elsewhere in this

14

order.

15

B.

No later than July 7, 2025, the Commissioner shall provide to plaintiff’s

16

counsel the Commissioner’s portions of the Joint Motion for Judicial Review, and shall

17

deliver a printed and two computer-readable copies4 of the Commissioner’s portions of

18

the Joint Motion for Judicial Review to plaintiff’s counsel.

19

C.

No later than July 21, 2025, plaintiff’s counsel shall incorporate into the

20

Joint Motion for Judicial Review any reply that plaintiff may wish to make to the

21

Commissioner’s contentions, and shall deliver a completed copy of the Joint Motion for

22

Judicial Review signed by plaintiff to the SAUSA or AUSA for review, signature and

23

electronic filing. Plaintiff shall not use the reply to raise new issues that the

24

Commissioner has not had an opportunity to address.

25
26
27
As was required of plaintiff’s counsel, one electronic copy must be in an editable word processing
format, such as Microsoft Word, and the other electronic copy should be in .pdf format.
4

28

6
25cv66-AGS (LR)

1
2

D.

No later than July 28, 2025, the SAUSA or AUSA shall sign and

electronically file the Joint Motion for Judicial Review.

3
4
5

VI.

ORAL ARGUMENT

Unless otherwise ordered, the issues presented in any Joint Motion for Judicial
Review shall be deemed submitted for decision without oral argument.

6

VII. MOTIONS TO AMEND AND COMPLIANCE WITH THIS ORDER

7

The deadlines set forth in this order are designed to give parties exercising

8

reasonable diligence sufficient time to perform the required acts without seeking

9

extensions of time. Accordingly, requests for extensions of time are discouraged. Any

10

motion requesting a modification of this scheduling order should be filed no less than

11

seven days in advance of the deadline(s) at issue and shall comply with Magistrate Judge

12

Lupe Rodriguez, Jr.’s Civil Chambers Rules (available on the district court’s website).

13
14

IT IS SO ORDERED.
Dated: March 10, 2025

15
16
17
18
19
20
21
22
23
24
25
26
27
28
7
25cv66-AGS (LR)