Brown v. Commissioner of Social Security

Filing 9

SCHEDULING ORDER pursuant to Magistrate Judges' General Order concerning social security appeals. Plaintiff's statement of errors due to be filed with the Court by 10/31/2013. (Magistrate Judges' General Order mailed along with this Order to pro-se plaintiff on this date.). Signed by Magistrate Judge Karen L. Litkovitz on 9/19/2013. (art)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION

CLARENCE E. BROWN,
Plaintiff,

Case No. 1: 13-cv-234
Dlott, J.
Litkovitz, M.J.

vs.

COMMISSIONER OF
SOCIAL SECURITY,
Defendant.

SCHEDULING ORDER

In accordance with the Magistrate Judges' General Order Concerning Social Security
Appeals (S.D. Ohio W.D. Feb. 21, 2012), it is hereby ORDERED that plaintiff file a statement
of errors within forty- five (45) days of the date the Commissioner files the transcript of the
administrative proceedings.
The Commissioner is ORDERED to file a response to plaintiffs statement of errors
within thirty (30) days of the date plaintiff files the statement of errors. Any reply memorandum
must be filed no more than ten (1 0) days later.
If all parties consent under 28 U.S.C. § 636(c) to disposition of this case by the
Magistrate Judge, the parties should file their consents within thirty (30) days after the
administrative record is filed.
IT IS SO ORDERED.

Date: 9119/2013

s/Karen L. Litkovitz
Karen L. Litkovitz
United States Magistrate Judge

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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION
AT CINCINNATI

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IN RE SOCIAL SECURITY APPEALS

ORDER NO.:
CIN 12-01
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MAGISTRATE JUDGES' GENERAL ORDER
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CONCERNING SOCIAL SECURITY APPEALS
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s:To provide for the efficient adjudication of appeals to this Court of decisions of the
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Commissioner of Social Security under the Social Security Act, it is here ORDERED with respect
to all such appeals:
I. All prior general orders of the United States Magistrate Judges at Cincinnati with respect

to all such cases are hereby RESCINDED.
2.

The Commissioner shall file and serve an answer and a certified copy of the

administrative record, including transcript, within sixty (60) days after service of process.
3. Within forty-five (45) days of service ofthe answer and administrative record, the plaintiff
shall file and serve a "Statement of Errors" upon which plaintiff seeks reversal or remand. This
statement shall be organized in the form ofa memorandum in support of plaintiffs position and shall
also include page references to the administrative record, as well as citations of applicable law.
Statements of Error shall present the detail ordinarily expected in a motion for summary judgment.
4. Within thirty (30) days of service of the Statement of Errors, the Commissioner shall file
and serve a "Memorandum in Opposition" to plaintiff's Statement of Errors. This memorandum
shall be organized in the form of a memorandum in opposition to the plaintiff's position and in
support of the Commissioner's decision, and shall also include page references to the administrative
record as well as citations of applicable law and supporting authority.

5. The plaintiff may file and serve a reply memorandum within ten (10) days of service of
the Commissioner's Memorandum in Opposition.
6. All cases will be decided on the memoranda and the administrative record, except that the
Court reserves the right to hold oral argument, by telephone or otherwise, in any such case.
7. In cases decided by the Magistrate Judge upon consent under 28 U.S.C. § 636(c), appeals
shall be taken as provided by law. In cases in which the Magistrate Judge makes a Report and
Recommendation to a District Judge, the time for filing objections shall be the fourteen (14) day
period provided by 28 U.S.C. § 636(b), Fed. R. Civ. P. 72, and all other applicable provisions oflaw.
8. The practice of seeking lengthy (e.g., 30 day) extensions of time to file and serve
Statements of Error or Objections on conclusory grounds (e.g., "heavy caseload") is strongly
discouraged.

9. This General Order is effective immediately and applies to cases currently pending before
the Court.

February 14, 2012

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--stephanie K. Bowman
United States Magistrate Judge

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Karen L. Litkovitz

United States Magistrate Judge

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