Rogers v. Colvin

Filing 12

Scheduling Order that within 30 days after service of this scheduling order, plaintiff shall serve and file a brief. Signed by Magistrate Judge G. R. Smith on 1/26/17. (wwp)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF GEORGIA
STATESBORO DIVISION
DAVID LOY ROGERS,
Plaintiff,

CV616-108

v.
CAROLYN W. COLVIN, Acting,
Commissioner of Social Security,
Defendant.

SCHEDULING ORDER
Pursuant to 42 U.S.C. §§ 405(g), 1383(c)(3) and this Court ’ s Local
Rule 72.3(a), this appeal from the final decision of the Commissioner of
Social Security denying plaintiff ’ s claim for Social Security benefits has
been referred to the Magistrate Judge for review and recommendation as
to disposition. Good cause appearing therefor, pursuant to Fed. R. Civ.
P. 16, it is ORDERED that:
(1) Within thirty (30) days after service of this Scheduling Order,
plaintiff shall serve and file a brief setting forth all errors which plaintiff
contends entitle the plaintiff to relief.
(2)

Within forty-five (45) days after service of plaintif f’ s brief,

defendant shall serve and file a brief which responds specifically to each

issue raised by plaintiff.
(3)

Plaintiff may file a brief in reply to the brief of defendant

within fifteen days of service of defendan t’ s brief.
(4) All references to the record and all assertion(s) of fact must be
accompanied by citations to the record. The opening and responsive
brief shall contain the following:
(a) A statement of the issues presented for review, set forth in
separate numbered paragraphs.
(b) A statement of the case. This statement should indicate briefly
the course of the proceedings and its disposition at the
administrative level and should set forth a general statement of the
facts. This statement of facts shall include plaintiff ’ s age,
education, and work experience; a summary of physical and mental
impairments alleged; a brief outline of the medical evidence; and a
brief summary of other evidence of record. Each statement of fact
shall be supported by reference to the page in the record where the
evidence may be found.
(c) An argument. The argument shall be divided into sections
separately treating each issue and must set forth the contentions of
plaintiff with respect to the issues presented and reasons therefor.
Each contention must be supported by specific reference to the
portion of the record relied upon and by citations to statutes,
regulations, and cases supporting plaintiff's position. CM/ECF
citations are encouraged. Citations to unreported appellate or
district court opinions must be accompanied by a copy of the
opinion if the case is unavailable on Westlaw.
(d) A short conclusion stating the relief sought.
Defendant ’ s brief shall conform to the requirements set forth above for
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plaintiff's brief, except that a statement of the issues and a statement of
the case need not be made unless defendant is dissatisfied with plaintiff ' s
statement thereof.
Arguments in the briefs should be short and succinct, citing by
page in the transcript the necessary evidentiary support. Inasmuch as
this circuit has formulated a fair body of law in social security cases,
citations to Eleventh and former Fifth Circuit decisions will be expected.
Bonner v. City of Prichard , 661 F.2d 1206, 1209 (11th Cir. 1981). CITE
CASES FROM OTHER CIRCUITS ONLY WHERE THERE IS NO
ELEVENTH CIRCUIT AUTHORITY, OR IF THEY ARE IN
ACCORDANCE WITH THIS CIRCUIT'S PRECEDENTS. BRIEFS
FAILING TO COMPLY WITH THIS DIRECTIVE WILL BE DEEMED
NONRESPONSIVE AND MAY BE RETURNED BY THE COURT.
Requests for remand must strictly comply with the provisions of
42 U.S.C. § 405(g). Remands should be designated as either " sentence
four " or " sentence six " remands. Melkonyan v. Sullivan , 501 U.S. 89
(1991). Counsel are advised to read the discussion of remands set forth
in Newsome v. Shalala, 8 F.3d 775 (11th Cir. 1993). Any requests for
remand not clearly designated as proceeding under one or the other
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sentence will be deemed vague and unresponsive. The opposing party
shall promptly make known its opposition or acquiescence to any request
for remand.
(5) The issues before the Court are limited to the issues properly
raised in the briefs.
(6) The Court will allow a single thirty (30) day extension of any
part of this scheduling order by stipulation of the parties. Court
approval is not required for this extension. The stipulation must be filed
with the Court. With the exception of this single thirty day extension,
requests to modify this order must be made by written motion and will
be granted only for good cause.
Let a copy of this Order be served upon counsel for the parties.

SO ORDERED, this 26th day of January, 2017.

LThIITED STATES MAGISTRATE ILJDGE
SOUTHERN DISTRICT OF GEORGIA

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