Wise v. Commissioner of Social Security

Filing 19

ORDER allowing defendant to file an untimely responsive brief and modifying the briefing schedule. Plaintiff may file a reply brief on or before April 15, 2012. Order signed by Magistrate Judge Sheila K. Oberto on 3/21/2012. (Timken, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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LANIEKA N. WISE,
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Plaintiff,
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v.
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MICHAEL J. ASTRUE,
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Commissioner of Social Security,
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Defendant.
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_____________________________________ )

Case No. 11-cv-00690-SKO
ORDER ALLOWING DEFENDANT TO
FILE AN UNTIMELY RESPONSIVE
BRIEF AND MODIFYING THE
BRIEFING SCHEDULE
(Docs. 17, 18)

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I.

INTRODUCTION AND PROCEDURAL BACKGROUND

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On February 14, 2012, the Court granted the parties' stipulation and proposed order for an

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extension of time allowing Defendant Commissioner of Social Security ("Defendant") to file a

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responsive brief. (Doc. 16.) Pursuant to the Court's order, Defendant's responsive brief was due on

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or before March 9, 2012. (Doc. 16, 2:18.) Defendant did not file a responsive brief by that deadline.

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On March 20, 2012, the parties filed a stipulation and proposed order requesting that

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Defendant be granted a second extension of time to file a responsive brief. (Doc. 17.) The parties

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did not address the issue that Defendant's brief had been due eleven (11) days earlier, but simply

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requested an extension to April 9, 2012. (Doc. 17.)

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The next day, on March 21, 2012, Defendant filed a responsive brief. (Doc. 18.) The Court

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had not yet ruled on the parties' stipulation and proposed order requesting an extension of time to

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allow Defendant to file a responsive brief. (Doc. 17.) Additionally, Defendant had not sought

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permission from the Court to file an untimely brief.

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For the reasons set forth below, the Court will accept the filing of Defendant's untimely

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responsive brief but cautions counsel that continued noncompliance with Court orders and rules will

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be met with extreme disfavor and may be grounds for the imposition of any and all sanctions

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authorized by statute, rule, or within the inherent power of the Court.

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II.

DISCUSSION

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On February 14, 2012, the Court ordered that Defendant's responsive brief was due on or

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before March 9, 2012. (Doc. 16, 2:18.) Defendant did not file a brief by that deadline, but instead

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requested an extension of time on March 21, 2012 – eleven (11) days after the brief was due.

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The Local Rules of the United States District Court, Eastern District of California,

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Rule 144(d) provides as follows: "Counsel shall seek to obtain a necessary extension . . . as soon as

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the need for an extension becomes apparent. Requests for Court-approved extensions brought on

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the required filing date for the pleading or other document are looked upon with disfavor." As such,

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the parties' request on March 20, 2012, for an extension of time (Doc. 17), filed eleven (11) days

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after the responsive brief was due on March 9, 2012, fails to comply with the Local Rules. Further,

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Defendant's untimely filing of the responsive brief (Doc. 18) on March 21, 2012, twelve (12) days

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after the Court ordered deadline of March 9, 2012, is also improper as Defendant failed to obtain

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permission from the Court to file a late brief.

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The Court recognizes, however, pursuant to the stipulation of the parties, that Defendant's

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counsel was impacted by her workload and the "imminent office move" of the Social Security

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Regional Counsel's office. (Doc. 17, 2:24-3:2.) The Court further recognizes that the parties have

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agreed to and stipulated that Defendant may file a responsive prior to April 9, 2012. As such, in the

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interest of justice, the Court will exercise its discretion and accept the filing of Defendant's untimely

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responsive brief. (Doc. 18.) Plaintiff's reply brief is thus due on or before April 15, 2012. See Doc.

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7, 2:27-3:2 (ordering that the reply brief shall be filed with the Court within 15 days after service of

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the respondent's brief).

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Defendant's counsel is cautioned, however, that compliance with the Court's orders and the

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Local Rules is mandatory and not discretionary. Local Rule 110 provides that "[f]ailure of counsel

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or of a party to comply with these Rules or with any order of the Court may be grounds for

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imposition by the Court of any and all sanctions authorized by statute or Rule or within the inherent

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power of the Court." As such, counsel is advised that continued disregard for Court orders and rules

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shall be looked upon with extreme disfavor.

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III.

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Accordingly, IT IS HEREBY ORDERED that:

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CONCLUSION AND ORDER

The Court will accept and consider Defendant's untimely filed responsive brief
(Doc. 18); and

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Plaintiff may file a reply brief on or before April 15, 2012.

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IT IS SO ORDERED.

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Dated:
ie14hj

March 21, 2012

/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE

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