Summer v. Colvin et al

Filing 24

ORDER DENYING 23 MOTION FOR DEFAULT JUDGMENT. Signed by Judge Beth Labson Freeman on 12/20/2016. (blflc4S, COURT STAFF) (Filed on 12/20/2016)

Download PDF
1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 SAN JOSE DIVISION 7 8 TERREE SUMMER, Case No. 16-cv-01872-BLF Plaintiff, 9 v. ORDER DENYING MOTION FOR DEFAULT JUDGMENT 10 11 CAROLYN COLVIN, [Re: ECF 23] United States District Court Northern District of California Defendant. 12 13 14 Before the Court is Plaintiff’s motion for default judgment against Defendant in this case 15 concerning denial of social security benefits. ECF 23. Plaintiff states that despite multiple 16 stipulations ultimately granting Defendant until November 22, 2016 to file a response to Plaintiff’s 17 motion for summary judgment, Defendant still has not filed a response. Id. Plaintiff requests the 18 Court to grant the pending motion for summary judgment and to remand the case with instruction 19 to pay all benefits. Id.; Proposed Order. 20 Here, Defendant was served and has answered Plaintiff’s amended complaint. ECF 12, 13. 21 Pursuant to the Court’s procedural order, Plaintiff then moved for summary judgment within 28 22 days of Defendant’s answer. ECF 4. Defendant should have opposed or counter-moved within 28 23 days of the service of Plaintiff’s motion. The parties then stipulated to and the Court granted two 24 extensions for Defendant to oppose until November 22, 2016. ECF 19, 20. To date, however, 25 Defendant has yet to file an opposition or a cross motion for summary judgment. 26 Because Defendant has answered Plaintiff’s amended complaint, the Court will DENY 27 Plaintiff’s motion for default judgment. Nevertheless, because Defendant had failed to oppose 28 Plaintiff’s motion for summary judgment, the Court would deem the matter submitted and will 1 2 proceed to consider Plaintiff’s motion for summary judgment without opposition. IT IS SO ORDERED. 3 4 5 6 Dated: December 20, 2016 ______________________________________ BETH LABSON FREEMAN United States District Judge 7 8 9 10 United States District Court Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?