Opinion
6:24-cv-585-CEM-LHP
07-31-2024
ORDER
LESLIE HOFFMAN PRICE UNITED STATES MAGISTRATE JUDGE.
This cause came on for consideration without oral argument on the following motion filed herein:
MOTION: MOTION TO COMPEL DEFENDANT TO CONFER IN GOOD FAITH (Doc. No. 38)
FILED: July 30, 2024
THEREON it is ORDERED that the motion is DENIED without prejudice.
Plaintiff, appearing pro se, has filed the above-styled motion to compel the Commissioner of Social Security to confer in good faith regarding a trial date and settlement. Doc. No. 38. Upon review, the motion will be denied without prejudice for failure to comply with the Local Rules. Specifically, the motion fails to comply with Local Rule 3.01(g) as it fails to state the Commissioner's position on the request or contain a Local Rule 3.01(g) certification. In addition, the motion fails to comply with Local Rule 3.01(a) because it does not include a memorandum of legal authority in support. Relatedly, the motion fails to establish the propriety of the relief sought, particularly given that this case arises under the Social Security Act, which claims are typically resolved based on an administrative record and the parties' briefing pursuant to the Supplemental Rules for Social Security Actions.
The Court notes, however, that the Commissioner has filed a motion to dismiss in this case. See Doc. No. 27.
Plaintiff is once again cautioned that his status as a pro se litigant does not absolve him from complying with all applicable Local Rules. See Doc. No. 33, at 2. Plaintiff is further cautioned that future failures to comply may result in the imposition of sanctions. See id.
DONE and ORDERED.