Opinion
Case No.: 5:08cv74/RS/EMT.
June 4, 2008
ORDER
The Defendant having filed his answer (Doc. 9) to the complaint and a certified copy of the transcript of the administrative proceedings below ( see Docs. 10, 11), the court believes that the interests of justice would be served by allowing the parties an opportunity to file memoranda in support of their respective positions.
Because Plaintiff has the burden to demonstrate that Defendant's decision to deny benefits was incorrect, Plaintiff has the burden to file the first memorandum. Failure of Plaintiff to file such a memorandum which specifically addresses the claimed error shall be deemed a failure to prosecute and will result in a recommendation that this case be dismissed with prejudice.
Accordingly, it is ORDERED:
1. Plaintiff shall have SIXTY (60) days to file a memorandum not to exceed twenty-five (25) pages in support of her complaint. The memorandum shall set forth Plaintiff's legal contentions and shall specifically cite the record by page number for factual contentions.
2. Defendant shall within THIRTY (30) days of service of Plaintiff's memorandum file a response, also not to exceed twenty-five (25) pages.
3. The clerk of court is directed to return this file to the undersigned no later than the due date of Defendant's response.
DONE AND ORDERED.