Mydock v. Social Security, Commissioner of

Filing 10

ORDER denying without prejudice 9 Motion for Judgment. Signed by District Judge Thomas L. Ludington. (SGam)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
NORTHERN DIVISION
DEAN ALAN MYDOCK,
Plaintiff,
Case Number 08-13166-BC
Honorable Thomas L. Ludington

v.
COMMISSIONER OF SOCIAL SECURITY,
Defendants.
______________________________________ /

ORDER DENYING WITHOUT PREJUDICE DEFENDANT’S MOTION FOR ENTRY
OF JUDGMENT
On July 23, 2008, Plaintiff Dean Alan Mydock filed a complaint against Defendant, the
commissioner of social security, contending that he was improperly denied disability benefits. Six
months later, the parties determined that the administrative record was incomplete and filed a
stipulation requesting that the case be remanded to the commissioner for further consideration. 42
U.S.C. § 405(g). Upon remand, an administrative law judge determined that Plaintiff is disabled and
awarded benefits.
On May 24, 2011, Defendant filed a motion asking the Court to enter a judgment now that
proceedings have been completed. See Shalala v. Schaefer, 509 U.S. 292, 297 & n.1 (1993). The
motion indicates that Defendant sought concurrence and that Plaintiff “indicated that he has no
objection to the motion.”
Although it appears that it would be appropriate to enter a judgment at this time, see id.,
Defendant’s motion will be denied without prejudice because it does not comply with Local Rule
7.1(a). Rule 7.1(a) requires that a party seek concurrence before filing a motion. If concurrence is
obtained, “the parties or other persons involved may make the subject matter of the contemplated

motion or request a matter of record by stipulated order.” Thus, when the parties agree that a
particular form of relief is appropriate, they should submit a stipulation and proposed order—in this
case a judgment—rather than a motion. The stipulation should be signed by both parties and
submitted through the CM/ECF utilities function in accordance with the Local Rules’ appendix
regarding electronic filing. The stipulation and proposed judgment should be submitted as a single
document.
Accordingly, it is ORDERED that Defendant’s motion for entry of judgment is DENIED
WITHOUT PREJUDICE. The parties should submit a stipulation and proposed judgment in
accordance with Local Rule 7.1(a).
s/Thomas L. Ludington
THOMAS L. LUDINGTON
United States District Judge
Dated: May 31, 2011
PROOF OF SERVICE
The undersigned certifies that a copy of the foregoing order was served
upon each attorney or party of record herein by electronic means or first
class U.S. mail on May 31, 2011.
s/Tracy A. Jacobs
TRACY A. JACOBS

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