Rodriguez v. Commissioner of Social Security

Filing 13

ORDER taking no further action on 10 Order to Show Cause; granting 11 Plaintiff's Motion to Extend the Deadline for Returning Service Documents. Signed by Magistrate Judge Carol Mirando on 3/17/2015.(ALB)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
OLGA RODRIGUEZ,
Plaintiff,
v.

Case No: 2:15-cv-50-FtM-38CM

COMMISSIONER OF SOCIAL
SECURITY,
Defendant.
ORDER
Before the Court is Plaintiff’s Response to Order to Show Cause and Motion to
Extend the Deadline for Returning Service Documents to the Clerk of the Court (Doc.
11), filed on March 16, 2015. On February 3, 2015, the Court granted Plaintiff’s
Motion to Proceed In Forma Pauperis and directed Plaintiff to prepare and forward
to the Clerk completed service documents within thirty (30) days for service by the
United States Marshal.

Doc. 8.

When completed service documents were not

received by the Clerk of Court within the time permitted, the Court entered an Order
to Show Cause on March 13, 2015 directing Plaintiff to show cause in writing on or
before March 20, 2015 why the service documents were not returned within the time
permitted, and why the case should not be dismissed for failure to prosecute. Doc.
10.
Plaintiff’s response asserts that the documents were not timely filed due to a
failure to calendar the deadline, as set forth in the Affidavit of Plaintiff’s counsel’s
paralegal. See Doc. 11 at 3. Plaintiff requests that the court find the timely return

of the completed service documents was due to excusable neglect, and grant an
extension of the documents nunc pro tunc. Plaintiff’s response also states that the
documents promptly were completed and returned to the Clerk for service, as
previously directed by the Court. Upon review of Plaintiff’s Response, the Court
finds that Plaintiff’s failure to return completed service documents within the time
permitted is due to excusable neglect, and will extend the deadline for returning the
completed documents to the Clerk of Court.
ACCORDINGLY, it is hereby
ORDERED:
1.

The Court will take no further action on the Order to Show Cause (Doc.

2.

Plaintiff’s Motion to Extend the Deadline for Returning Service

10).

Documents (Doc. 11) is GRANTED.

If Plaintiff has not already done so, she is

directed to deliver completed service documents to the Clerk of Court on or before
March 20, 2015.
DONE and ORDERED in Fort Myers, Florida on this 17th day of March, 2015.

Copies:
Counsel of record

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