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Roudebush v. Astrue

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


September 17, 2008

FRANCES J. ROUDEBUSH, PLAINTIFF,
v.
MICHAEL J. ASTRUE, COMMISSIONER OF SOCIAL SECURITY, DEFENDANT.

ORDER

This Social Security action was filed in the United States District Court for the District of Nevada in March 2008. After defendant answered the complaint and lodged the administrative record, the action was transferred to the Eastern District of California by stipulation and order. Upon the opening of this case on July 18, 2008, chambers staff requested that the Clerk obtain the administrative record, which had been lodged in the Nevada court in paper format. The docket reflects that the record has now been received, and defendant recently served a copy on plaintiff's counsel. By this order the court addresses the status of the case.

Except as otherwise provided in the Local Rules of Practice, "only members of the Bar of this Court shall practice in this Court." Local Rule 83-180(b). The docket indicates that plaintiff's counsel has not been admitted to practice in this court and has not filed an application to appear pro hac vice, as permitted by Local Rule 83-180(b)(2). In order to proceed in this matter, plaintiff's counsel must be admitted to practice or to appear pro hac vice in this court and must also comply with the court's e-filing registration requirements. See Local Rules 5-133(a) & 83-180(f).

At case opening, the Clerk issued two standard orders. Pursuant to the Scheduling Order (Doc. No. 2), plaintiff is required to file a motion for summary judgment and/or remand within 45 days from being served with a copy of the administrative record, unless plaintiff submits new evidence with a request for voluntary remand to the Office of the Regional Counsel.*fn1 The 45-day period began to run on the date on which defendant served a copy of the administrative record on plaintiff's counsel. Pursuant to the Order re Consent or Request for Reassignment (Doc. No. 2, Attach. 2), all parties were granted 90 days to complete and return a form either consenting to proceed before the assigned magistrate judge or requesting the assignment of a district judge. In order to comply with these orders, plaintiff's counsel must take the steps required to enable him to practice or appear pro hac vice in this court and to file documents electronically.

Accordingly, IT IS ORDERED that plaintiff's counsel is granted twenty days to seek admission to practice or admission to appear pro hac vice in this court or, in the alternative, to substitute other counsel or plaintiff in propria persona as plaintiff's attorney of record.


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