Swain v. Commissioner of Social Security

Filing 17

ORDER signed by Magistrate Judge Kendall J. Newman on 2/10/15 ORDERING that the 15 Order to Show Cause is DISCHARGED. Plaintiff's 14 Motion for Summary Judgment is deemed timely filed. The Commissioner shall file any opposition or cross-motion for summary judgment no later than 2/26/15. Plaintiff shall file a reply brief, if any, no later than 3/19/15. (Meuleman, A)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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BRENDA G. SWAIN,

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No. 2:14-cv-1351-KJN

Plaintiff,
v.

ORDER

COMMISSIONER OF SOCIAL
SECURITY,
Defendant.

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On January 29, 2015, the court directed plaintiff’s counsel to show cause in writing why

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monetary sanctions should not be imposed against plaintiff’s counsel for filing a tardy motion for

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summary judgment. (ECF No. 15.) Thereafter, on February 9, 2015, plaintiff’s counsel filed a

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response to the order to show cause. (ECF No. 16.) The response indicates that the tardy filing

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was the result of a calendaring error made in the backdrop of very serious health issues

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concerning plaintiff’s counsel’s spouse. (Id.) In light of those circumstances, the court

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discharges the order to show cause.

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Plaintiff’s counsel further indicates that the Commissioner has stipulated to a modified

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briefing schedule whereby the Commissioner would file its opposition to plaintiff’s motion by

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February 26, 2015, and plaintiff’s reply brief would be due on the original due date of February

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28, 2015, thereby avoiding any adverse impact on the court’s schedule.
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The court approves the modified schedule, except that plaintiff’s counsel may have until

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March 19, 2015, to file any reply brief. The court appreciates plaintiff’s counsel’s candor and

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willingness to minimize the impact on the court’s schedule, but in light of the serious health

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issues faced by plaintiff’s counsel’s spouse, the court finds that the interests of justice would be

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served by an additional extension.

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Accordingly, IT IS HEREBY ORDERED that:

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1. The court’s January 29, 2015 order to show cause (ECF No. 15) is DISCHARGED.

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2. Plaintiff’s January 27, 2015 motion for summary judgment is deemed timely filed.

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3. The Commissioner shall file any opposition or cross-motion for summary judgment no

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later than February 26, 2015.

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4. Plaintiff shall file a reply brief, if any, no later than March 19, 2015.

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IT IS SO ORDERED.

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Dated: February 10, 2015

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