Rios v. Commissioner of Social Security

Filing 16

ORDER GRANTING PLAINTIFFS APPLICATION TO FILE A LATE BRIEF. 1. Plaintiffs application to file a late brief is GRANTED; 2. Plaintiffs opening brief is deemed timely filed on February 4, 2018; 3. Defendants responsive pleading shall be filed on or before March 6, 2018; and 4. Plaintiffs reply brief, if any, shall be filed on or before March 20, 2018. Signed by Magistrate Judge Stanley A. Boone on 2/5/2018. (Hernandez, M)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JORGE RIOS,

ORDER GRANTING PLAINTIFF’S
APPLICATION TO FILE A LATE BRIEF

Plaintiff,

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Case No. 1:17-cv-00728-SAB

v.
(ECF No. 14)

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COMMISSIONER OF SOCIAL SECURITY,
Defendant.

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Plaintiff Jorge Rios (“Plaintiff”) filed a complaint on May 25, 2017, challenging the

18 denial of his application for benefits by the Commissioner of Social Security (“the
19 Commissioner”). The scheduling order was filed on June 19, 2017. On October 24, 2017, the
20 Commissioner filed the administrative record.
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Pursuant to the scheduling order issued June 19, 2017, Plaintiff’s opening brief was due

22 on Friday, February 2, 2018. On Sunday, February 4, 2018, Plaintiff filed an application to file a
23 late brief and an opening brief.
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Plaintiff seeks to file a late brief due to the due date being mis-calendared. The brief was

25 filed over the weekend and the Court finds no prejudice to the defendant due to the two day
26 delay in the filing of the opening brief. Further, counsel did the responsible thing by noting the
27 mistake and filing the brief.
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Accordingly, IT IS HEREBY ORDERED that:

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1.

Plaintiff’s application to file a late brief is GRANTED;

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Plaintiff’s opening brief is deemed timely filed on February 4, 2018;

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Defendant’s responsive pleading shall be filed on or before March 6, 2018; and

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Plaintiff’s reply brief, if any, shall be filed on or before March 20, 2018.

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IT IS SO ORDERED.

7 Dated:

February 5, 2018
UNITED STATES MAGISTRATE JUDGE

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