Johnson v. Social Security Administration

Filing 21

ORDER AND REASONS denying 18 MOTION for APPEAL OF MAGISTRATE JUDGE DECISION to District Court. Signed by Judge Susie Morgan. (bwn)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
THEODORE JOHNSON,

CIVIL ACTION

Plaintiff
VERSUS

NO. 13-6544

SOCIAL SECURITY
ADMINISTRATION,

SECTION "E"

Defendant
ORDER AND REASONS
This case arises out of Defendant's allegedly improper recovery of benefit
overpayments from Plaintiff Theodore Johnson, who is proceeding pro se. Pursuant to
the Magistrate Judge's order,1 the parties filed cross-motions for summary judgment.
Defendant's motion was filed several days after the date set by the Magistrate Judge's
Order.2

Plaintiff moved to strike Defendant's motion for summary judgment as

untimely.3 The Magistrate Judge denied the motion to strike.4 Plaintiff now seeks
review of the Magistrate Judge's order denying the motion to strike.5 Defendant has
filed a response.6
Plaintiff contends that the motion to strike should have been granted because
Defendant (1) failed to file an answer and (2) filed its motion for summary judgment
late.7 First, Defendant filed its answer on February 26, 2014.8 Second, the Court finds

1
2
3
4
5
6
7

R. Doc. 10.
R. Doc. 15.
R. Doc. 16.
R. Doc. 17.
R. Doc. 18.
R. Doc. 20.
R. Doc. 18 at 1-2.

no error in the Magistrate Judge's conclusion that a motion to strike a slightly late
dispositive motion is an extreme and inappropriate remedy. Plaintiff has not articulated
any prejudice from the slight delay. And Plaintiff is entitled to the same flexibility; the
Court would not strike his motion "if plaintiff had filed one day late."9
Accordingly, the appeal of the Magistrate Judge's order denying Plaintiff's motion
to strike is DENIED.
New Orleans, Louisiana, this 24th day of June, 2014

___________________________
SUSIE MORGAN
UNITED STATES DISTRICT JUDGE

8
9

R. Doc. 8.
R. Doc. 18 at 2.