Lo v. Commissioner of Social Security

Filing 17

ORDER GRANTING 16 Plaintiff's Application for Leave to File a Late Opening Brief, signed by Magistrate Judge Jennifer L. Thurston on 3/7/2017. (Hall, S)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10

MOLLY LO,

11
12
13

Plaintiff,
v.
NANCY A. BERRYHILL1,
Acting Commissioner of Social Security,

14
Defendant.

)
)
)
)
)
)
)
)
)
)

Case No.: 1:16-cv-0610- JLT
ORDER GRANTING PLAINTIFF’S
APPLICATION FOR LEAVE TO FILE A LATE
OPENING BRIEF
(Doc. 13)

15
16

On March 3, 2017, Plaintiff filed her opening brief in the action, after the filing deadline, as

17

well as an application for late filing. (Docs. 15, 16) Denise Bourgeois Haley, Plaintiff’s counsel,

18

reports the opening brief was completed on time, but she “failed to task the filing clerk to file the

19

brief” and “was then out of the office for several days.” (Doc. 16 at 1) Ms. Haley reports she informed

20

Defendant’s counsel of her oversight, and Defendant did not indicate an application for late filing

21

would be opposed. (Id.) Based upon the information provided, Plaintiff’s application for a late filing

22

is GRANTED nunc pro tunc.

23
24
25

IT IS SO ORDERED.
Dated:

March 7, 2017

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

26
27
28

1

Nancy A. Berryhill is now the Acting Commissioner of Social Security. Pursuant to Rule 25(d) of the Federal
Rules of Civil Procedure, Nancy A. Berryhill is substituted for her predecessor, Carolyn W. Colvin, as the defendant.

1