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)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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TERREE SUMMER,

Case No. 16-cv-01872-BLF

Plaintiff,
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v.

ORDER DENYING MOTION FOR
DEFAULT JUDGMENT

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CAROLYN COLVIN,

[Re: ECF 23]

United States District Court
Northern District of California

Defendant.
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Before the Court is Plaintiff’s motion for default judgment against Defendant in this case

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concerning denial of social security benefits. ECF 23. Plaintiff states that despite multiple

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stipulations ultimately granting Defendant until November 22, 2016 to file a response to Plaintiff’s

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motion for summary judgment, Defendant still has not filed a response. Id. Plaintiff requests the

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Court to grant the pending motion for summary judgment and to remand the case with instruction

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to pay all benefits. Id.; Proposed Order.

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Here, Defendant was served and has answered Plaintiff’s amended complaint. ECF 12, 13.

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Pursuant to the Court’s procedural order, Plaintiff then moved for summary judgment within 28

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days of Defendant’s answer. ECF 4. Defendant should have opposed or counter-moved within 28

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days of the service of Plaintiff’s motion. The parties then stipulated to and the Court granted two

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extensions for Defendant to oppose until November 22, 2016. ECF 19, 20. To date, however,

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Defendant has yet to file an opposition or a cross motion for summary judgment.

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Because Defendant has answered Plaintiff’s amended complaint, the Court will DENY

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Plaintiff’s motion for default judgment. Nevertheless, because Defendant had failed to oppose

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Plaintiff’s motion for summary judgment, the Court would deem the matter submitted and will

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proceed to consider Plaintiff’s motion for summary judgment without opposition.
IT IS SO ORDERED.

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Dated: December 20, 2016
______________________________________
BETH LABSON FREEMAN
United States District Judge

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United States District Court
Northern District of California

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