Duhamel v. Social Security Administration et al

Filing 51

ORDER granting 48 Unopposed Motion; Amended Motion for Summary Judgment due by 8/8/2018. Signed by Magistrate Judge George Foley, Jr on 7/9/2018. (Copies have been distributed pursuant to the NEF - JM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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DARRIN DUHAMEL,

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Case No. 2:17-cv-02858-GMN-GWF
Plaintiff,

v.

ORDER

NANCY A. BERRYHILL,
Defendant.

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This matter is before the Court on Plaintiff’s Motion to Extend Time to File Amended

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Motion for Summary Judgment (ECF No. 48), filed on July 2, 2018. Defendant filed her Non-

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Opposition (ECF No. 50) on July 5, 2018.

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On April 13, 2018, Plaintiff filed his Motion for Summary Judgment. ECF No. 35. On

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May 24, 2018, Defendant filed her notice of manual filing of the administrative record (ECF No.

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44) and on May 29, 2018, Defendant filed her notice of filing of the administrative record. ECF

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No. 45. The Court provided Plaintiff leave to file an amended motion for summary judgment,

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which will be considered a motion for reversal and/or remand. On June 27, 2018, Plaintiff filed a

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withdrawal of his motion for summary judgment. ECF No. 47. Plaintiff requests an extension of

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time to file his amended motion for summary judgment. The Court finds good cause to grant his

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request for an extension and grants a 30-day extension of time for Plaintiff to file his amended

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motion for summary judgment.

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THEREFORE, IT IS ORDERED:

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1.

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Plaintiff shall file with this Court an amended motion for summary judgment no

later than August 8, 2018.
2.

Whenever Plaintiff files a motion requesting reversal and/or remand, which

includes issues based on the administrative record, Plaintiff’s motion shall include:
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(a) A specification of each and every condition or ailment, or combination of the

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two, that allegedly renders Plaintiff disabled and is allegedly supported by evidence contained in

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the administrative record.
(b)

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A complete summary of all medical evidence in the record that supports

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Plaintiff’s claim of disability due to each condition or ailment specified in subparagraph 5(a)

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above, with precise references to the applicable portions of the record. This summary shall not

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include medical evidence unrelated to the conditions or ailments upon which Plaintiff’s claim or

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claims of disability are based. It shall be sufficient compliance with this subparagraph if Plaintiff

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shall stipulate that the Administrative Law Judge fairly and accurately summarized the evidence

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contained in the record.
(c)

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A complete summary of all other evidence adduced at the administrative

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hearing that supports Plaintiff’s claim with precise references to the applicable portions of the

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record. It shall be sufficient compliance with this subparagraph if Plaintiff shall stipulate that the

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Administrative Law Judge fairly and accurately summarized the evidence adduced at the

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administrative hearing.
(d)

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A complete but concise statement as to why the record does not contain

substantial evidence to support Defendant’s claim.
3.

If Defendant has not filed a notice of voluntary remand and the issues in question

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relate to the administrative record, Defendant, within thirty (30) days after being served with

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Plaintiff’s amended motion for summary judgment, shall file a cross-motion to affirm which will

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be considered an opposition to Plaintiff’s motion. This motion shall include:

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(a) A complete summary of all evidence in the record that Defendant contends

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constitutes substantial evidence to support the administrative determination that Plaintiff is not

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entitled to the benefits in question. It shall be sufficient compliance with this subparagraph if

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Defendant stipulates that the Administrative Law Judge fairly and accurately summarized the

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evidence contained in the record.

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(b) A complete summary of all testimony adduced at the administrative hearing,

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including the Administrative Law Judge’s findings, if any, concerning the credibility of witnesses,
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which Defendant contends constitutes substantial evidence to support the administrative

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determination that Plaintiff is not entitled to the benefits in question. It shall be sufficient

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compliance with this subparagraph if Defendant stipulates that the Administrative Law Judge

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fairly and accurately summarized the testimony adduced at the administrative hearing.

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(c) A statement as to whether there are any inaccuracies in the summaries filed by

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Plaintiff. If Defendant believes Plaintiff’s summaries are inaccurate, Defendant shall set forth

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what additions or corrections are required (with appropriate references to the record) in order to

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make the summaries accurate.

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4.

The motions filed by Plaintiff and Defendant pursuant to paragraphs 2 and 3 of this

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Order, respectively, shall also contain appropriate points and authorities dealing with the specific

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legal issues involved in this case, rather than principles of law applicable to Social Security cases

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in general.

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5.

Plaintiff shall be deemed to have acceded to the accuracy of the summaries supplied

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by Defendant in response to subparagraphs 3(a) and 7(b) of this Order unless within twenty (20)

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days after being served with Defendant’s motion to affirm Plaintiff shall file and serve a reply

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brief setting forth:

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(a) In what manner the summaries are inaccurate;

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(b) What additions or corrections are required (with appropriate references to the

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record) in order to make the summaries accurate.
6.

The motions filed by both Plaintiff and Defendant shall also contain the following:

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(a) A statement as to whether the transcript of the administrative hearing can be

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adequately comprehended in spite of the fact that such transcript may contain the words

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“inaudible” or “unintelligible” in one or more places, and specifying each page, if any, in which

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testimony relating to the particular issues of this case cannot be adequately comprehended.

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(b) A specification of each page in the administrative record that is partially or

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totally illegible, and a statement whether each such illegible page contains information relevant to

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an understanding of any issue presented in this case.

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7.

Oral argument shall be deemed waived and the case shall stand submitted unless

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argument is ordered by the Court or requested pursuant to Local Rule 78-2, by one of the parties

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within ten (10) days following the filing of the last document required by this Court. It shall be

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at the Court’s discretion whether oral argument is granted.

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8.

Failure of a party to file a motion or points and authorities required by this Order

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may result in dismissal of the action or reversal of the decision of the Secretary of Health and

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Human Services. Accordingly,

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IT IS HEREBY ORDERED that Plaintiff’s Motion to Extend Time to File Amended
Motion for Summary Judgment (ECF No. 48) is granted.
Dated this 9th day of July, 2018.

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GEORGE FOLEY, JR.
UNITED STATES MAGISTRATE JUDGE

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