Jones v. Colvin
Filing
4
MEMORANDUM AND ORDER... IT IS HEREBY ORDERED that the following provisions shall apply in this case, and will be modified only upon a showing of exceptional circumstances: This case has been assigned to Track 4 (Administrative). Pursuant to Rule 1 2(a)(3) and (4), Fed. R. Civ. P., defendant shall file any motion to dismiss, motion to remand, and/or answer within sixty (60) days of service of plaintiff's complaint. Along with its answer defendant shall file a transcript of the record, in accordance with 42 U.S.C. § 405(g)...(SEE ORDER FOR COMPLETE DETAILS) Signed by District Judge Audrey G. Fleissig on 3/16/2015. (NEB)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
WENDELL JONES,
Plaintiff,
v.
CAROLYN W. COLVIN,
Acting Commissioner of Social Security
Defendant,
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No. 4:15CV449 AGF
MEMORANDUM AND ORDER
Pursuant to the Local Rules and the Differentiated Case Management Program of the
United States District Court of the Eastern District of Missouri,
IT IS HEREBY ORDERED that the following provisions shall apply in this case, and
will be modified only upon a showing of exceptional circumstances:
This case has been assigned to Track 4 (Administrative).
Pursuant to Rule 12(a)(3) and (4), Fed. R. Civ. P., defendant shall file any motion to
dismiss, motion to remand, and/or answer within sixty (60) days of service of plaintiff's
complaint. Along with its answer defendant shall file a transcript of the record, in accordance
with 42 U.S.C. ยง 405(g).
Pursuant to E.D. Mo. L.R. 9.02, plaintiff shall unless otherwise ordered by the Court,
serve and file a brief within thirty (30) days after the Commissioner's service of an answer and
the administrative transcript. Plaintiff shall attach to this brief a statement of uncontroverted
material facts, with each fact set forth in a separately numbered paragraph and supported
by citations to the administrative transcript.
The Commissioner shall serve and file a brief within thirty (30) days after the service of
the plaintiff's brief. The Commissioner shall attach to this brief a response to plaintiff's
statement of uncontroverted material facts, indicating, for each numbered paragraph in
plaintiff's statement of uncontroverted material facts, whether the Commissioner admits or
denies the particular fact(s) in such paragraph. Each denial shall be supported with
citations to the administrative transcript. The Commissioner may also attach a statement
of additional material facts set forth in numbered paragraphs and supported by citations to
the administrative transcript.
Plaintiff shall have fourteen (14) days after service of the Commissioner's brief to file a
reply brief. If plaintiff chooses to file a reply brief and the Commissioner attached a
statement of additional material facts to its brief, plaintiff shall file a response to the
Commissioner's statement of additional material facts, with any denials supported by
citations to the record.
Failure to comply with the above provisions shall result in briefs being stricken. No
further briefs shall be filed except by leave of court upon a showing of good cause.
A brief filed pursuant to E.D. Mo. L.R. 9.02 shall not exceed fifteen (15) standard typed
pages, exclusive of a signature page, any attachments, and any statement of material facts,
without leave of court. A reply brief shall not exceed ten (10) pages.
Dated this 16th day of March, 2015.
AUDREY G. FLEISSIG
UNITED STATES DISTRICT JUDGE
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