UNITED STATES DISTRICT COURT

DISTRICT OF OREGON

JON C KELLY Case No.: 1:15−cv−00423−AA

Plaintiff(s),

v.

COMMISSIONER OF SOCIAL SECURITY

Defendant(s).

/

Social Security Case Assignment Order

(a) Presiding Judge: The above referenced case has been filed in the Medford Division

Division of the U.S. District Court for the District of Oregon and assigned for all further proceedings

to:

(b) Courtroom Deputy Clerk: Questions about the status or scheduling of this case should be

directed to:

Rebecca Henshaw

Telephone: 541−431−4102

Email: rebecca_henshaw@ord.uscourts.gov

(c) Civil Docket Clerk: Questions about CM/ECF filings or docket entries should be directed

to:

Telephone: (541) 608−8777

(d) Place of Filing: Pursuant to LR 3−3 all conventionally filed documents must be submitted

to the Clerk of Court, James A. Redden U.S. Courthouse, 310 West Sixth St., Medford, OR, 97501.

(See also LR 5−5)

(e) District Court Website: Information about United States Magistrate Judges in the District

of Oregon, local rules of practice; CM/ECF electronic filing requirements; responsibility to redact

personal identifiers from pleadings, motions, and other papers; and other related court information can

be accessed on the court's website at ord.uscourts.gov.

 (f) Consent to a Magistrate Judge:

(1) In accordance with 28 U.S.C. § 636(c) and Fed. R. Civ. P. 73, all United States

Magistrate Judges in the District of Oregon are certified to exercise civil jurisdiction in assigned

cases and, with the consent of the parties, may also enter final orders on dispositive motions,

conduct trial, and enter final judgment which may be appealed directly to the United States Court

Case 1:15-cv-00423-SU Document 3 Filed 03/13/15 Page 1 of 7
of Appeals for the Ninth Circuit, and not to a District Judge of this Court.

(2) Parties are encouraged to consent to the jurisdiction of a Magistrate Judge by signing

and filing the Consent to Jurisdiction by a United States Magistrate Judge (a copy of the consent

form is included with this assignment order). There will be no adverse consequences if a party

elects not to consent to a Magistrate Judge.

(3) The Social Security Administration has filed with the court a general consent to

disposition by Magistrate Judges in social security cases. (see 3:06−mc−9130) reserving the right

to withdraw in a given case no later than the date of filing the answer to the complaint. The right

to withdraw the general consent has also been reserved.

(4) Should you elect to consent pursuant to 28 U.S.C. § 636(c), return the enclosed

consent form by mailing to the Clerk's Office. Pursuant to LR 5−5(a), Individual Party Consents

are not filed in the case record.

DATED: March 13, 2015 MARY L. MORAN

Clerk of Court

by: /s/ J. Montgomery

J. Montgomery, Deputy Clerk

Case 1:15-cv-00423-SU Document 3 Filed 03/13/15 Page 2 of 7
UNITED STATES DISTRICT COURT

DISTRICT OF OREGON

JON C KELLY Case No.: 1:15−cv−00423−AA

Plaintiff(s),

v.

COMMISSIONER OF SOCIAL SECURITY

Defendant(s).

/

Social Security Case Procedural Order

The above action seeks review of a final decision by the Commissioner of the Social Security

Administration under Title II and/or Title XVI of the Social Security Act. The Court's jurisdiction is

limited to reviewing the administrative record to determine whether the decision is supported by

substantial evidence in the record and free of legal error. Notwithstanding any other rule governing

the procedure in civil cases, the following procedural requirements shall apply in this action:

(a) Electronic Access to Social Security Case Documents:

(1) Restrictions on Public Access: In accordance with the September 1, 2004 action of

the Judicial Conference of the United States Courts, Social Security case documents are exempted

from public access using the PACER or CM/ECF systems.

(2) CM/ECF Access Permitted for Attorneys of Record: Electronic access to social

security case documents is available to CM/ECF registered attorneys of record in this case and to

an unrepresented party who has been given permission by the assigned judge in this case to

become a registered CM/ECF user pursuant to Local Rule 5−1. Further information on electronic

filing is available on the court's website at ord.uscourts.gov.

(b) Redaction of Personal Identifier Information: Notwithstanding the limitations on public

access described in the preceding paragraph, the parties are still required to redact personal identifier

information from all filings, except the administrative record (See Fed. R. Civ. P. 5.2).

(c) Notification to the Local US Attorney's Office:

(1) When opening this case, the clerk's office will add the local Assistant United States

Attorney (AUSA) to the docket sheet for electronic notification purposes only. Such action does

not constitute an appearance by the government on behalf of the Defendant, nor does it relieve the

Plaintiff of his/her obligation to perfect service in accordance with the Federal Rules of Civil

Procedure.

(2) Not later than five (5) days after receipt of this order, plaintiff, or if represented,

plaintiff's attorney, will send written notice of the Plaintiff's complete Social Security number to

the local AUSA at the following address:

United States Attorney's Office

ATTN: Ronald K. Silver, AUSA

1000 S.W. Third Avenue

Suite 600

Case 1:15-cv-00423-SU Document 3 Filed 03/13/15 Page 3 of 7
Portland, OR 97204−2902

(d) Case Management Deadlines: Unless a "Notice of Intent to Engage in Voluntary

Settlement Procedures' is timely filed, the following case management deadlines and procedural

requirements apply. The Court grants an extension of time for defendant to file an answer up to and

including 120 days from the effective date of service.

Requirement Deadline Responsibility

Service of the Notice of Plaintiff's

Social Security Number

Not later than five (5) days after receipt of

this Order.

Plaintiff

Ordering the administrative record Not later than five (5) days after receipt of

the Notice of Plaintiff's Social Security

Number

Defendant

Filing an Answer and the Transcript

of the Administrative Record

Not later than 120 days from the effective

date of service under Fed.R.Civ.P. 4

Defendant

Filing a Memorandum in Support of

the Petition for Review

Not later than 60 days after service of the

Answer

Plaintiff

Filing an Opposition Brief Not later than 60 days after service of

Plaintiff's memorandum

Defendant

Filing a Reply Brief Not later than 14 days after service of

Defendant's Opposition Brief (See LR

7−1(e)(2))

Plaintiff

(e) No Extensions Authorized Without Court Order: See LR 16−3 and LR 29.

(f) Under Advisement Date: Unless otherwise directed by the Court, this matter will be taken

under advisement (without further hearing) twenty−one (21) days after the filing of Defendant's

Opposition Brief.

(f) Application for Attorney Fees: If a judgment favorable to the Plaintiff is entered,

attorney's fees will be awarded by the Court upon application by the Plaintiff, regardless of whether a

final determination has been made by the Commissioner.

A fee petition, accompanied by an affidavit which itemizes the representation in each forum, should

be filed with the Court within thirty (30) days of entry of judgment. (See § 28 U.S.C 2412(d)(1)(B)).

In no case will the Court grant fees exceeding 25% of the award.

DATED: March 13, 2015 MARY L. MORAN

Clerk of Court

by: /s/ J. Montgomery

J. Montgomery, Deputy Clerk

Case 1:15-cv-00423-SU Document 3 Filed 03/13/15 Page 4 of 7
UNITED STATES DISTRICT COURT

DISTRICT OF OREGON

JON C KELLY Case No.: 1:15−cv−00423−AA

Plaintiff(s),

v.

COMMISSIONER OF SOCIAL SECURITY

Defendant(s).

/

Consent to Jurisdiction by a Magistrate Judge

and Designation of the Normal Appeal Route

Pursuant to Fed. R. Civ. P 73(b), as counsel for the party (parties) identified below, I consent to

have a United States Magistrate Judge conduct any and all proceedings in this case, including entry of

orders on dispositive motions, trial, and entry of final judgment. I understand that withholding consent

will not result in any adverse consequences. Pursuant to Fed. R. Civ. P. 73(c), I agree that an appeal

from a judgment entered at a Magistrate Judge's direction may be taken to the court of appeals as

would any other appeal from a district court judgment.

DATED:

Signature:

Name and OSB ID:

E−mail Address:

Firm Name:

Mailing Address:

City, State, Zip:

Parties Represented:

cc: Counsel of Record

Case 1:15-cv-00423-SU Document 3 Filed 03/13/15 Page 5 of 7
UNITED STATES DISTRICT COURT

DISTRICT OF OREGON

JON C KELLY Case No.: 1:15−cv−00423−AA

Plaintiff(s),

v.

COMMISSIONER OF SOCIAL SECURITY

Defendant(s).

/

Social Security Case

Voluntary Settlement Procedures

In an effort to resolve this case, the parties may engage in good faith settlement negotiations

according to the following schedule:

(a) File a Notice of Intent to Engage in Voluntary Settlement Procedures with the Clerk of

Court. The court will then extend the due date for the opening brief to 120 days after service of the

administrative record. The remaining briefs shall be due in accordance with the Court's initial Social

Security Procedural Order.

(b) Within 45 days after service of the administrative record, plaintiff may prepare a written

statement succinctly setting forth the relevant issues and reasons supporting his/her Complaint

without citation to legal authorities or reference to attorney fees.

(c) This statement should not exceed three single−spaced pages and should be marked

"CONFIDENTIAL" and NOT FILED with the Court. Instead, plaintiff should mail or e−mail

the statement to the following officials:

SSA's General Counsel's Office U.S. Attorney's Office − Oregon

OGC.Seattle.ECF and

rebecca.halvorsen@ssa.gov

or mail to

Social Security Administration

Office of General Counsel

701 5th Ave., Suite 2900

Mail Stop 901

Seattle, WA 98104−7075

Attention: Regional Chief Counsel,

and Rebecca Halvorsen

ronald.silver@usdoj.gov and

shari.mcclellan@usdoj.gov

or mail to

U.S. Attorney's Office

District of Oregon

600 U.S. Courthouse

1000 SW Third Ave.

Portland, OR 97204−2902

Attention: Ronald K. Silver, AUSA,

and Shari McClellan

(d) Within 45 days after receipt of plaintiff's statement, defendant shall evaluate the merits of

plaintiff's position and serve a brief response on plaintiff. The response shall be marked "confidential"

and NOT filed with the Court.

Case 1:15-cv-00423-SU Document 3 Filed 03/13/15 Page 6 of 7
(e) In the event the parties stipulate to a remand, dismissal, or other resolution of the case, then

the stipulation shall be filed with the Court within 14 days after service of defendant's response on

plaintiff.

(f) In the event the parties do not stipulate to a remand, dismissal, or other resolution of the

case, then plaintiff shall file and serve an opening brief within 30 days after service of defendant's

response. The remaining briefs shall be due in accordance with the Court's initial Social Security

Procedural Order.

(g) In the event that defendant concedes error, but seeks a remand rather than an award of

benefits, then defendant shall file a motion to remand within 30 days after service of defendant's

response. The remaining briefs shall be due in accordance with the Court's initial Social Security

Procedural Order.

DATED this 13th day of March, 2015 /s/Ann L. Aiken

Honorable Ann L. Aiken

Chief U.S. District Court Judge

Case 1:15-cv-00423-SU Document 3 Filed 03/13/15 Page 7 of 7