Wagoner v. Social Security Administration Commissioner
ORDER granting 18 Motion for Reconsideration for Time to File Brief filed by Sabrina Ann Wagoner ; Plaintiffs SSA Appeal Brief due by 3/18/2013, and Defendant's brief will be due 30 days from this date. Signed by Honorable Erin L. Setser on February 25, 2013. (lw)
IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
FORT SMITH DIVISION
SABRINA ANN WAGONER
CIVIL NO. 12-2226
MICHAEL J. ASTRUE, Commissioner
Social Security Administration
On February 8, 2013, Plaintiff filed a motion for an extension of time to file her brief.
(Doc. 16). Plaintiff’s counsel stated the brief was due on February 21, 2013. Plaintiff’s counsel
stated that the reason for the request was based upon the fact that Plaintiff’s counsel had a
mediation in another matter the date the brief was due. Plaintiff’s counsel stated Defendant had
no objection to this request. Plaintiff requested that the Court extend the brief due date to March,
On February 8, 2013, the Court granted Plaintiff’s motion and extended the brief deadline
to March 11, 2013. (Doc. 17). The Court also put Plaintiff’s counsel on notice that Plaintiff’s
counsel’s busy practice, in and of itself, may not always constitute “good cause.”
On February 22, 2013, Plaintiff’s counsel filed a motion to reconsider. (Doc. 18). In this
motion, Plaintiff’s counsel states that he had two social security briefs due, one in a separate
matter from the case captioned above, on the same date, and that due to the transcript size in one
of the cases he had requested that the briefs be due one week apart.1
The Court will grant the motion in this case with the admonition to Plaintiff’s counsel
that his busy practice, in and of itself, may not always constitute “good cause.” Plaintiff’s brief
will now be due on March 18, 2013, and the Defendant’s brief will be due 30 days from this
IT IS SO ORDERED this 25th day of February, 2013.
/s/ Erin L. Setser
HON. ERIN L. SETSER
UNITED STATES MAGISTRATE JUDGE
The Court notes that Plaintiff’s counsel did not discuss the transcript size of these two social security cases in the
original motion for extension. Plaintiff’s counsel called the Court and spoke to a judicial staff member after the
Court had issued the Order granting the extension. At that time, Plaintiff’s counsel was informed that any
requests for reconsideration must be done by way of motion.
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