Sparr v. Colvin

Filing 31

ORDER Adopting 21 Report and Recommendation and Denying Defendant's 17 Motion to Dismiss. Signed by District Judge Matthew F. Leitman. (Monda, H)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
CYNTHIA L. SPARR,
Plaintiff,

Case No. 14-cv-11529
Hon. Matthew F. Leitman

v.
CAROLYN W. COLVIN, ACTING
COMMISSIONER OF SOCIAL
SECURITY,
Defendant.
_________________________________/
ORDER ADOPTING REPORT AND RECOMMENDATION (ECF #21)
AND DENYING DEFENDANT’S MOTION TO DISMISS (ECF #17)
On September 22, 2014, Defendant Carolyn W. Colvin, Acting
Commissioner of Social Security (the “Commissioner”), moved to dismiss this
action for failure to prosecute. (See the “Motion to Dismiss,” ECF #17.) The
Commissioner noted that the deadline for Plaintiff Cynthia L. Sparr (“Sparr”) to
file a motion for summary judgment had passed and that Sparr had not filed her
motion nor requested an extension of time. (See id.)
On January 9, 2015, Magistrate Judge R. Steven Whalen recommended that
this Court deny the Commissioner’s Motion to Dismiss. (See the “Report and
Recommendation,” ECF #21.) The Magistrate Judge accepted Sparr’s counsel’s
explanation that “her failure to comply with this Court’s scheduling order was the

result of errors made by an administrative assistant who … was suffering from
cognitive difficulties as the result of an illness.” (Id. at 2-3.) The Magistrate Judge
granted Sparr an extension of time to submit her motion for summary judgment.
(See ECF #22.)

The Commissioner did not object to the Report and

Recommendation.
Sparr has now submitted her summary judgment motion. (See ECF #30.) In
light of the “strong policy favoring adjudication on the merits,” see Morgan v.
Gandalf, Ltd., 165 Fed. App’x 425, 430 (6th Cir. 2006), the Court declines to
dismiss the action on the ground that Sparr’s motion was untimely.
Accordingly, IT IS HEREBY ORDERED that the Report and
Recommendation (ECF #21) is ADOPTED. IT IS FURTHER ORDERED that
the Commissioner’s Motion to Dismiss (ECF #17) is DENIED.
s/Matthew F. Leitman
MATTHEW F. LEITMAN
UNITED STATES DISTRICT JUDGE
Dated: April 24, 2015
I hereby certify that a copy of the foregoing document was served upon the parties
and/or counsel of record on April 24, 2015, by electronic means and/or ordinary
mail.
s/Holly A. Monda
Case Manager
[phone]

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