Diaz v. Commissioner of Social Security

Filing 11

ORDER Re Compliance With Scheduling Order, signed by Magistrate Judge Sheila K. Oberto on 11/21/2012. (IT IS HEREBY ORDERED that no later than 11/27/2012, Defendant shall either: 1. File a proof of service indicating when service of the responsive c onfidential letter brief was completed; or 2. File a statement regarding the status of service of the responsive confidential letter brief and how any failure to timely serve the brief has affected the parties' schedule in this matter.) (Gaumnitz, R)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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NORA ELIZABETH DIAZ,

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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.: 1:12-cv-00660-SKO

ORDER RE COMPLIANCE WITH
SCHEDULING ORDER

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On April 26, 2012, the Court issued a Scheduling Order requiring that, within 35 days after

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service of Plaintiff's confidential letter brief, Defendant was to serve a responsive confidential letter

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brief on Plaintiff. (Doc. 5, ¶ 4.) On May 11, 2012, the Court issued a minute order expressly

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notifying the parties that the Scheduling Order required counsel to file a separate proof of service

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with the Court reflecting the date that a party's confidential letter brief was served on the opposing

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party. (Doc. 6.)

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Plaintiff served the confidential letter brief on Defendant on October 3, 2012, and filed a

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certificate of service with the Court. (Doc. 10 [certificate of service].) Pursuant to the Scheduling

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Order, Defendant was required to serve a responsive confidential letter brief on Plaintiff within 35

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days after service of Plaintiff's confidential letter brief – i.e., November 7, 2012. The Federal Rules

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of Civil Procedure provide that a party is entitled to an additional three (3) days to act when service

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of a document triggering a response deadline is made either by mail or by electronic means. Fed.

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R. Civ. P. 5(b)(2)(C), (E); 6(d). Thus, Defendant was required to serve a responsive confidential

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letter brief on Plaintiff no later than November 13, 2012. Defendant has failed to file a proof of

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service indicating when the responsive confidential letter brief was served.

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Accordingly, IT IS HEREBY ORDERED that no later than November 27, 2012, Defendant
shall either:

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1.

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File a proof of service indicating when service of the responsive confidential letter
brief was completed; or

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2.

File a statement regarding the status of service of the responsive confidential letter

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brief and how any failure to timely serve the brief has affected the parties' schedule

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in this matter.

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IT IS SO ORDERED.

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Dated:
ie14hj

November 21, 2012

/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE

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