Taylor v. Commissioner of Social Security

Filing 18

ORDER DISCHARGING Order to Show Cause Dated May 7, 2015; ORDER GRANTING Plaintiff an Extension of Time to File an Opening Brief, signed by Magistrate Judge Jennifer L. Thurston on 5/15/2015. (Hall, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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APRIL TAYLOR,
Plaintiff,

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v.
CAROLYN COLVIN,
Acting Commissioner of Social Security,
Defendant.

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Case No.: 1:14-cv-01033 - JLT
ORDER DISCHARGING THE ORDER TO SHOW
CAUSE DATED MAY 7, 2015
ORDER GRANTING PLAINTIFF AN
EXTENSION OF TIME TO FILE AN OPENING
BRIEF

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On March 18, 2015, Plaintiff filed a request for an extension of time to file an opening brief.

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(Doc. 14.) The Court granted the request, and ordered Plaintiff to file an opening brief no later than

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May 6, 2015. (Doc. 15.) However, Plaintiff failed to file her opening brief in accordance with the

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Court’s order, and did not seek a further extension of time. Accordingly, the Court issued an order to

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show cause why sanctions should not be imposed on May 7, 2015. (Doc. 16.)

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On May 14, 2015, Plaintiff’s counsel, Patricia McCabe, filed a timely response to the Court’s

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order. (Doc. 17.) Ms. McCabe asserts that she had previously “not filed cases in the United District

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Court for the Eastern District nor in the United States District Court for the Northern District,” yet

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currently has one case in each District Court.” (Id. at 1-2, ¶¶ 2-3.) She asserts she was “unfamiliar

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with the briefing schedule” of the Eastern District and “inadvertently, and mistakenly, transposed the

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deadlines for filing of the Opening Brief in this matter with the deadline for the filing of [the] brief in

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the matter pending in the United Stated District Court in Northern District.” (Id., ¶¶ 3-4.) Further, Ms.
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McCabe asserts that she is “unfamiliar with the Court’s briefing style” and, consequently, “it has taken

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[her] longer to concisely address the issues, evidence and testimony.” (Id. at 3, ¶ 8.)

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Ms. McCabe reports that after she received the Court’s order to show cause, she “diligently

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worked on completing the Plaintiff’s Opening Brief spending an additional 23 hours since May 10,

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2015.” (Doc. 17 at 3, ¶ 9.) Despite her efforts, she was unable to complete her work, and believes

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“additional time [is] necessary to proper address the issues raised.” (Id., ¶ 11.) Therefore, Ms. McCabe

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requests that the Court grant a further extension of seven days for her to compete and file Plaintiff’s

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opening brief. (Id. at 4.)

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Notably, although Ms. McCabe reports she is “unfamiliar with the Court’s briefing style,” the

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requirements for an opening brief were set forth by the Court in the Scheduling Order issued July 7,

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2014. (Doc. 5 at 3-4.) The issues and relevant evidence should have been identified previously by

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Plaintiff because she was required to serve “a letter brief outlining the reasons why []she contends that

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a remand is warranted,” and set forth the relevant issues for consideration by the Commissioner. (Id.

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at 2.) Moreover, the Court previously granted Plaintiff an extension of time, and specifically ordered

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Plaintiff to file an opening brief “no later than, May 6, 2015.” (Doc. 15.) Presumably, counsel would

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have determined the amount of time she needed for the extension only after having assured herself of

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the amount of work that would be needed to prepare the brief.

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In any event, because Ms. McCabe reports the Commissioner is amenable to her request for a

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further extension of time, the Court will grant Plaintiff an additional seven days to file an opening brief

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in the action.

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Accordingly, IT IS HEREBY ORDERED:

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1.

The Order to Show Cause dated May 7, 2015 (Doc. 16) is DISCHARGED; and

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2.

Plaintiff SHALL file an opening brief no later than May 21, 2015.

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IT IS SO ORDERED.
Dated:

May 15, 2015

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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