Garth v. United States et al

Filing 31

ORDER REGARDING PLAINTIFF'S REQUESTS TO FILE ADDITIONAL DOCUMENTS. Signed by Judge Yvonne Gonzalez Rogers on 4/2/13. (Attachments: # 1 Certificate/Proof of Service)(fs, COURT STAFF) (Filed on 4/2/2013)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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JUDY GARTH,
Plaintiff,

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vs.

Case No.: 11-cv-05592-YGR
ORDER REGARDING PLAINTIFF’S REQUESTS
TO FILE ADDITIONAL DOCUMENTS

MICHAEL J. ASTRUE, Commissioner of
Social Security,
Defendant.

Northern District of California

United States District Court

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On January 23, 2013, the Court dismissed this action based on a lack of subject matter
jurisdiction. (Dkt. No. 22.) Judgment has been entered (Dkt. No. 23) and the case has been closed.

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Since that time, Plaintiff has filed numerous motions and requests for extensions of time.

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Plaintiff initially filed a “Notice of Motion to Vacate and Set Aside Order Granting Defendant’s

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Motion to Dismiss; Motion for Reconsideration of Order Granting Defendant’s Motion to Dismiss;

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Motion to Correct the Record Due to Clerical Error; Motion for Extension of Time to Resubmit and

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Documents.” (Dkt. No. 24.) She asserted that a “court clerk clerical error” had been made and that

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the record did not reflect documents she has filed. On February 21, 2013, Plaintiff requested 15

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additional days to file the documents because they are not in her possession “nor does she have access

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to them due to unforeseen circumstances and the USPS.” (Dkt. No. 25.) Without taking a position on

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whether Plaintiff’s motions were proper, the Court granted her request for an extension of time to file

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documents until March 8, 2013. (Dkt. No. 26.) The Court also informed Plaintiff that she may seek

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limited legal assistance from the Federal Pro Bono Project, and provided her with its contact

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information and office location. (Id.)

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Plaintiff did not file the documents on March 8, and instead filed a Request for Additional

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Time to File and Serve Missing Documents Due to Unavailability and Unforeseen Circumstances.

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(Dkt. No. 27.) Plaintiff stated she would file the documents and her motion on March 12, 2013. On

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March 12, 2013, Plaintiff filed an Amended/Supplemental Request for Additional time to File and

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Serve Missing Documents Due to Unavailability and Unforeseen Circumstances. (Dkt. No. 28.)

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Plaintiff requested until March 18 to file the documents. The Court approved Plaintiff’s request on

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March 18, 2013 and ordered, per her request, that the documents be filed by that date.

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Plaintiff filed a Notice to Submit Documents on March 27, 2013. (Dkt. No. 30.) Plaintiff

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asserts that she did not receive the Court’s March 18, 2013 order until March 26, 2013 and that it was

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a “surprise” to her because she had “no knowledge the court granted [her previous request for]

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extension.” The Court notes that a Proof of Service in the record reflects that the March 18, 2013

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order was sent to Plaintiff’s address on that date. (Dkt. No. 29-1.) In Plaintiff’s Notice to Submit

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Documents, she states that she “shall” submit the documents by Friday, March 29, 2013.

Northern District of California

United States District Court

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To date, Plaintiff has not filed the documents at issue in her requests. The Court has afforded

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Plaintiff numerous opportunities to file the documents, without knowing the basis of the relief she

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requests nor having received any explanation of grounds for her requests. Moreover, it is unclear to

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the Court how documents that Plaintiff may file affects this Court’s lack of subject matter jurisdiction.

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(See Dkt. No. 22.) For these reasons, the Court will no longer entertain Plaintiff’s attempts to seek

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extensions of time to file the documents she claims were never docketed.

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This Order terminates all pending motions before the Court.

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IT IS SO ORDERED.

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Dated: April 2, 2013

___________________________________
YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT COURT JUDGE

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