Summary
This is a Scheduling Order Setting Briefing Schedule issued in a Social Security action in the United States District Court for the District of Nevada. The order requires plaintiff to file an opening brief by February 13, 2026, defendant to respond by February 27, 2026, and plaintiff to reply by March 9, 2026, and warns that failure to timely file a compliant opening brief may result in dismissal without prejudice.
Topics
Practice areas
Questions Presented
- Whether plaintiff's notice should be construed as an opening brief despite its failure to provide points and authorities.
- What briefing schedule should govern the parties' review of the administrative record and plaintiff's request for relief.
Holdings
- The notice was not construed as a brief because it did not provide points and authorities supporting plaintiff's requested relief.
- The court allowed plaintiff to file a proper opening brief and ordered an expedited schedule for an opening brief, response, and reply.
- Plaintiff's reply may respond to the government's arguments but may not include new arguments that were not raised in the opening brief or the government's response.
Key quotations
“A statement of “points and authorities” generally identify (a) what action is being requested of the court; (b) the reasons why such action is requested; and (c) argument and legal authorities (e.g., cases, statutes, rules, etc.) that support the requested action and stated reasons for such action.” (at 1)
“A reply brief is an opportunity to reply to the government’s arguments. A reply brief may not include new arguments that plaintiff did not raise in her opening brief or the government in its response brief.” (at 2)
Factual background
Plaintiff filed this Social Security case in August 2024, and defendant filed the Certified Administrative Record in March 2025. After the court ordered the parties to provide information regarding the case's status, plaintiff submitted a notice stating that she intended to proceed and that the notice should be construed as her brief. The notice did not identify the requested action, provide reasons for relief, or cite supporting legal authorities.
Procedural history
The Social Security action was filed in August 2024. Defendant filed the Certified Administrative Record in March 2025. Following a January 8, 2026 order, plaintiff filed a notice and defendant filed a status report. The magistrate judge issued this scheduling order on January 23, 2026, directing the parties' briefing and cautioning that noncompliance could result in dismissal without prejudice.