Sanchez v. Commissioner of Social Security

Filing 13

ORDER AMENDING THE SCHEDULING ORDER and ORDERING Plaintiff to Serve a Confidential Letter Brief Within Thirty Days, signed by Magistrate Judge Jennifer L. Thurston on 11/27/2017. (Hall, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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Plaintiff,
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v.
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COMMISSIONER OF SOCIAL SECURITY, )
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Defendant.
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MERCEDEZ SANCHEZ,

Case No.: 1:17-cv-0620 - JLT
ORDER AMENDING THE SCHEDULING
ORDER AND ORDERING PLAINTIFF TO SERVE
A CONFIDENTIAL LETTER BRIEF WITHIN
THIRTY DAYS

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On May 24, 2017, the Court found service of Plaintiff’s First Amended Complaint was

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appropriate, and ordered the Clerk to issue and serve “Social Security Case Documents, including the

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Scheduling Order, Order regarding Consent, the Consent Form, and USM-285 Forms.” (Doc. 5 at 3)

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Although the Summons and USM-285 Forms were issued, the Scheduling Order was not issued in this

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action until November 22, 2017. (Doc. 12)

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In the interim, the Commissioner of Social Security was served, and filed the administrative

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record in the action on October 5, 2017. (Doc. 10) Pursuant to the filing deadlines in the Scheduling

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Order, Plaintiff would have been obligated to serve a confidential letter brief within thirty days of the

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filing of the administrative record, or no later than November 1, 2017. (See Doc. 12 at 2) However,

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because the Scheduling Order had not yet been issued, Plaintiff’s counsel did not have notice of the

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filing deadlines. Therefore, the Court finds it necessary to amend its Scheduling Order sua sponte to

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set an appropriate deadline for Plaintiff to serve her confidential letter brief.
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Accordingly, the Court ORDERS:

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the date of service of this order; and

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Plaintiff SHALL serve a confidential letter brief upon Defendant within thirty days of

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No further modifications of the Scheduling Order are authorized at this time.

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IT IS SO ORDERED.
Dated:

November 27, 2017

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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