UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF KENTUCKY
FILED
GENERAL ORDER 13-7 October 24, 2013
In re: Social Security Actions )
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) STANDING SCHEDULING
) ORDER
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The Court enters this general order for all social security actions. Pursuant to
Local Rule 83.11(c), judicial review will be on written motion. It is ORDERED as
follows:
(1) Once the defendant has filed an answer and a certified copy of the
transcript of the administrative record, the plaintiff must move for
summary judgment or judgment on the pleadings within sixty (60)
days. The plaintiff shall include a supporting memorandum that does
not exceed 15 pages in length.
(2) The Commissioner must file a counter-motion or a response to the
plaintiff=s motion for summary judgment within thirty (30) days of the
filing of the plaintiff=s motion for summary judgment or judgment on
the pleadings. The Commissioner=s counter-motion or response shall
not exceed 15 pages in length.
(3) Motion practice shall be governed by Local Rule 7.1 except as
otherwise provided in this order.
(a) The Court shall deem a failure to respond to a motion in a
timely fashion as a waiver and/or admission of its contents.
See Humphrey v. U.S. Attorney Gen. Office, 279 Fed. App=x.
328, 331 (6th Cir. 2008).
(b) Issues Presented. In order to assist the Court in understanding
the plaintiff=s claims, any motion for summary judgment or
judgment on the pleadings SHALL include a statement of the
legal arguments presented at the beginning of the motion. The
statement shall set forth the plaintiff=s arguments in a numbered
list. [For example: (1) The ALJ improperly discounted the
opinion of the treating physician.] The Court will consider only
the arguments listed and will not formulate arguments on the
parties= behalf. Failure to submit such a statement may constitute
grounds for denial of the motion.
(c) Specific Citations to the Record. The parties shall provide the
Court with specific page citations to the administrative record to
support their arguments. The Court will not undertake an open-
ended review of the entirety of the administrative record to find
support for the parties= arguments. See Hollon ex rel. Hollon v.
Comm=r of Soc. Sec., 447 F.3d 477, 491 (6th Cir. 2006). Failure
to provide specific citations to the record may constitute
grounds for denial of the motion.
(4) Extensions of time, expansions of page limitations, or permission to
file additional briefs may be granted only if good cause is shown.
(5) Nothing in this Order shall preclude the presiding judge from hearing
oral argument.
(6) Effective immediately, the Clerk shall file a copy of this Order in all
social security actions upon the filing of the answer and administrative
transcript.
(7) This General Order supersedes General Order 09-13 filed on
November 6, 2009.
Dated this 24th day of October, 2013.
