Gibson v. Commissioner of Social Security

Filing 7

ORDER: The undersigned ORDERS as follows: (1) counsel shall meet, confer and determine whether consent to the undersigned is unanimous and, if so, to file a consent form with the Court (the form can be found at http://www.uscourts.gov/sites/default/f iles/ao085.pdf); (2) counsel shall review the Seventh Amended Magistrate Judges General Order No. 11 (effective 4/26/16) (found at http://www.ohsd.uscourts.gov/content/general-orders-ohio-southern-district); (3) the parties are GRANTED leave to stipu late to extensions of 28 days for the filing of the Statement of Errors, the memorandum in opposition, and the reply memorandum; and (4) the Commissioner shall determine whether a motion to remand is appropriate prior to the filing of the Statement of Errors. IT IS SO ORDERED. Signed by Magistrate Judge Michael J. Newman on 10/10/2017. (dm)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION AT DAYTON
,
Plaintiff,

Case No.

vs.
COMISSIONER OF SOCIAL SECURITY,

District Judge
Magistrate Judge Michael J. Newman

Defendants.
______________________________________________________________________________
ORDER
______________________________________________________________________________
This Social Security disability appeal is before the Court on Plaintiff’s complaint. On
appeal before this Court, the parties are ORDERED to meet and confer within seven (7) days
from the entry of this Order to determine among counsel and the parties only whether consent to
the undersigned is unanimous and, if so, to file the appropriate consent form which can be found
at http://www.uscourts.gov/sites/default/files/ao085.pdf (also attached hereto).

Consent is

voluntary and any party may withhold consent for any reason without adverse consequence.
The parties are directed to the Seventh Amended Magistrate Judge’s General Order No.
11 (effective 4/26/16), which can be found on the Court’s website at the following address:
http://www.ohsd.uscourts.gov/content/general-orders-ohio-southern-district.

As set forth in

General Order 11, all citations to the administrative record must reference the PageID.
The parties in this case are hereby GRANTED leave to stipulate to extensions of time of
up to 28 days to file each of the following documents in this case: (1) Plaintiff’s Statement of
Errors; (2) the Commissioner’s memorandum in opposition, and (3) Plaintiff’s reply
memorandum. Additional extensions of time, or any extensions of time in excess of 28 days,

must be supported by good cause and approved by the Court. Requests for extensions in excess
of 28 days on conclusory grounds (e.g., “heavy caseload” or “press of business”) may be denied.
Prior to filing a memorandum in opposition to Plaintiff’s Statement of Errors, the
Commissioner is ORDERED to determine whether remand is appropriate and, if so, shall file a
motion for remand in lieu of a memorandum in opposition.
IT IS SO ORDERED.

Date:
Michael J. Newman
United States Magistrate Judge

2

AO 85 (Rev. 02/17) Notice, Consent, and Reference of a Civil Action to a Magistrate Judge

UNITED STATES DISTRICT COURT
for the
Southern District of Ohio
__________ District of __________
Yonest Gibson
Plaintiff

v.

THE COMMISSIONER OF SOCIAL SECURITY,
Defendant

)
)
)
)
)

Civil Action No.

3:17-cv-210

NOTICE, CONSENT, AND REFERENCE OF A CIVIL ACTION TO A MAGISTRATE JUDGE
Notice of a magistrate judge’s availability. A United States magistrate judge of this court is available to conduct
all proceedings in this civil action (including a jury or nonjury trial) and to order the entry of a final judgment. The judgment
may then be appealed directly to the United States court of appeals like any other judgment of this court. A magistrate judge
may exercise this authority only if all parties voluntarily consent.
You may consent to have your case referred to a magistrate judge, or you may withhold your consent without adverse
substantive consequences. The name of any party withholding consent will not be revealed to any judge who may otherwise
be involved with your case.
Consent to a magistrate judge’s authority. The following parties consent to have a United States magistrate judge
conduct all proceedings in this case including trial, the entry of final judgment, and all post-trial proceedings.
Printed names of parties and attorneys

Signatures of parties

attorneys

Dates

Reference Order
IT IS ORDERED: This case is referred to a United States magistrate judge to conduct all proceedings and
order the entry of a final judgment in accordance with 28 U.S.C. § 636(c) and Fed. R. Civ. P. 73.

Date:
District Judge’s signature

Printed name and title

Note:

Return this form to the clerk of court only if you are consenting to the exercise of jurisdiction by a United States
magistrate judge. Do not return this form to a judge.