Spence v. Commissioner of Social Security

Filing 16

ORDER - Defendant is hereby ORDERED to file the administrative record on or before November 16, 2012. Thereafter, Plaintiff's Statement of Specific Errors is due on or before December 17, 2012, and Defendant's Response is due on or before January 17, 2013. Signed by Magistrate Judge Sharon L Ovington on 11/1/12. (pb1)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION AT DAYTON
LORA L. SPENCE,
Plaintiff,

:
:
Case No. 3:11cv00341

vs.

:

MICHAEL J. ASTRUE,
Commissioner of the Social
Security Administration,
Defendant.

:

District Judge Thomas M. Rose
Magistrate Judge Sharon L. Ovington

:
:

ORDER

This social security case is before the Court upon the parties’ Joint Stipulation to
File the Administrative Record and Reinstate the Scheduling Order (Doc. #15), and the
record as a whole. On September 26, 2012, Defendant informed the Court that Plaintiff
had provided nearly all the missing records needed to produce an administrative record in
this case. The Court was also informed that “[w]ithin thirty days, Defendant will verify
whether the records are fair and accurate copies that correspond to the missing exhibits.
If Defendant determines that the additional records contain any material omissions or
deficiencies it will notify the Court and attempt to resolve any such discrepancies with
Plaintiff.” (Doc. #15 at 3). On the other hand, Defendant noted that “[i]f, as it now
appears, the additional, recently submitted records are fair and accurate copies that
correspond to the missing exhibits, Defendant will produce an administrative record

containing all available records.” Id.
As Defendant has not notified the Court regarding any material omissions or
discrepancies within thirty days from the date the Joint Stipulation (Doc. #15) was filed,
the Court assumes no such omissions or discrepancies exist that prevent Defendant from
filing the administrative record. As such, Defendant is hereby ORDERED to file the
administrative record on or before November 16, 2012. Thereafter, Plaintiff’s Statement
of Specific Errors is due on or before December 17, 2012, and Defendant’s Response is
due on or before January 17, 2013.
IT IS SO ORDERED.

November 1, 2012
s/Sharon L. Ovington
Sharon L. Ovington
United States Magistrate Judge

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