Opinion
CV-23-00767-PHX-JAT
05-04-2023
Diana Yvonne Alvarez, Plaintiff, v. Commissioner of Social Security Administration, Defendant.
SCHEDULING ORDER
JAMES A. TEILBORG, SENIOR UNITED STATES DISTRICT JUDGE
The Supplemental Rules for Social Security Actions Under 42 U.S.C. § 405(g) that went into effect December 1, 2022 (hereinafter “Supplemental Rules”) state:
Rule 6. Plaintiff's Brief
The plaintiff must file and serve on the Commissioner a brief for the requested relief within 30 days after the answer is filed . . ..
Rule 7. Commissioner's Brief
The Commissioner must file a brief and serve it on the plaintiff within
30 days after service of the plaintiff's brief.
Rule 8. Reply Brief
The plaintiff may file a reply brief and serve it on the Commissioner within 14 days after service of the Commissioner's brief.
These Supplemental Rules supersede any Civil Local Rules to the contrary. See Mutual Fund Investors, Inc. v. Putnam Mgmt., 553 F.2d 620, 625 (9th Cir. 1997) (“A court's local rule is invalid if it conflicts with the Federal Rules of Civil Procedure”); see also Scott v. City Council for City of Santa Monica, No. 17-CV-7329 PSG, 2017 WL 11634386, at *5 (C.D. Cal. Dec. 15, 2017). Accordingly,
IT IS ORDERED that the briefing schedule for this case shall be as stated in the Supplemental Rules.