STEVENS v. ASTRUE

Filing 15

ORDER re 12 Answer to Complaint filed by MICHAEL J ASTRUE - Pltf shall have SIXTY (60) DAYS to file memorandum* in support of his complaint. Deft shall within thirty (30) days of service of pltf's m emo file a response*. Clerk to return this file to undersigned no later than the due date of Deft's response. *Memorandums NOT TO EXCEED 25 PAGES. Plaintiff's Memorandum in Support due by 11/28/2008. Defendant's Memorandum in Opposition (tentatively) due by 12/28/2008. Signed by MAGISTRATE JUDGE ELIZABETH M TIMOTHY on September 29, 2008. (cbj)

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA PENSACOLA DIVISION LUCKY STEVENS, Plaintiff, vs. MICHAEL J. ASTRUE, Commissioner of the Social Security Administration, Defendant. _______________________________/ ORDER The Defendant having filed his answer (Doc. 12) to the complaint and a certified copy of the transcript of the administrative proceedings below (see Docs. 13, 14), the court believes that the interests of justice would be served by allowing the parties an opportunity to file memoranda in support of their respective positions. Because Plaintiff has the burden to demonstrate that Defendant's decision to deny benefits was incorrect, Plaintiff has the burden to file the first memorandum. Failure of Plaintiff to file such a memorandum which specifically addresses the claimed error shall be deemed a failure to prosecute and will result in a recommendation that this case be dismissed with prejudice. Accordingly, it is ORDERED: 1. Plaintiff shall have SIXTY (60) days to file a memorandum not to exceed twentyfive (25) pages in support of his complaint. The memorandum shall set forth Plaintiff's legal contentions and shall specifically cite the record by page number for factual contentions. 2. 3. Defendant shall within THIRTY (30) days of service of Plaintiff's memorandum The clerk of court is directed to return this file to the undersigned no later than the file a response, also not to exceed twenty-five (25) pages. due date of Defendant's response. Case No.: 3:08cv288/RV/EMT

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DONE AND ORDERED this 29th day of September 2008. /s/ Elizabeth M. Timothy ELIZABETH M. TIMOTHY UNITED STATES MAGISTRATE JUDGE

Case No: 3:08cv288/RV/EMT