MCMURRAY v. Social Security, Commissioner of

Filing 23

ORDER for Supplemental Briefing due by 2/28/2014. Signed by District Judge Robert H. Cleland. (LWag)

UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

TODD MCMURRAY,
Plaintiff,
v.
Case No. 13-10496
CAROLYN W. COLVIN, Acting Commissioner
of Social Security,
Defendant.
/
ORDER FOR SUPPLEMENTAL BRIEFING
In this review of the Magistrate Judge’s Report and Recommendation (“R&R”),
Plaintiff presents two objections, both alleging that the Magistrate Judge “engaged in
impermissible post-hoc analysis.” Although the court has not yet delved deeply into the
substance of his objections, Plaintiff cites apparently relevant authority in support of his
argument.
The R&R explains that in the event of objections to the Report, “the non-objecting
party must file a response . . . specifically addressing each issue raised . . . .” (See Pg
ID # 610.) But Defendant’s response states only that she “incorporates by reference . . .
the arguments raised in her Motion for Summary Judgment.” (See Pg ID # 619.) The
court wonders where in her Motion for Summary Judgment, which preceded the R&R,
there might be an argument addressing the claim that the Magistrate Judge would
subsequently engage in impermissible post-hoc analysis. More than boilerplate is
required here, perhaps not much more, but at least an effort. Accordingly,

IT IS ORDERED that Defendant shall file a response that addresses Plaintiff’s
Objections not later than February 28, 2014. In the absence of a relevant response,
the court may deem Plaintiff’s Objections conceded, and a remand under Sentence
Four, as sought by Plaintiff, may result.

s/Robert H. Cleland
ROBERT H. CLELAND
UNITED STATES DISTRICT JUDGE
Dated: February 19, 2014

I hereby certify that a copy of the foregoing document was mailed to counsel of record
on this date, February 19, 2014, by electronic and/or ordinary mail.
s/Lisa Wagner
Case Manager and Deputy Clerk
[phone]

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