Watson v. Social Security, Commissioner of

Filing 13

ORDER SETTING BRIEFING SCHEDULE AND, ALTERNATIVELY, REQUIRING PLAINTIFF TO SHOW CAUSE., ( Plaintiff Motion for Summary Judgment due by 10/12/2017, Defendant Response and Motion due by 11/10/2017)--Signed by Magistrate Judge Anthony P. Patti. (MWil)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION JODIE WATSON, Plaintiff, v. Case No. 2:17-cv-11978 District Judge Gershwin A. Drain Magistrate Judge Anthony P. Patti COMMISSIONER OF SOCIAL SECURITY, Defendant. ___________________________________/ ORDER SETTING BRIEING SCHEDULE AND, ALTERNATIVELY, REQUIRING PLAINTIFF TO SHOW CAUSE On June 21, 2017, Plaintiff, Jodie Watson (who is represented by counsel), filed this action under 42 U.S.C. §§ 405(g) and 1383(c)(3) for a review of a final decision of the Commissioner of Social Security denying her application for social security disability benefits. (DE 1.) On September 1, 2017, the Court issued its scheduling order, which required Plaintiff to file her motion for summary judgment by October 2, 2017. (DE 12.) To date, Plaintiff has not filed a motion for summary judgment or asked for an extension of time in which to do so. The Court notes that Plaintiff’s counsel has an extensive history of failing to abide by this Court’s briefing schedules in a series of cases of recent vintage, including at least four before the Undersigned.1 Plaintiff’s counsel is advised that the normal press of business generally does not rise to the good cause standard required to exceed the Court’s deadlines. See Rainey v. U.S. Bank Nat. Ass’n, No 11-2520, 2011 WL 4954154, at *1 (E.D. Mich. Oct. 18, 2011). The Court Orders that Plaintiff SHALL file her motion for summary judgment no later than Thursday, October 12, 2017. Defendant’s response and motion will be due on or before Friday, November 10, 2017. Plaintiff SHALL NOT be permitted to file a reply brief, having forfeited that right by missing the Court’s previously set deadlines. In the event Plaintiff fails to strictly comply with the October 12, 2017 filing deadline contained in this Order, the Court will not accept any briefing from her, and Plaintiff’s counsel will be required to appear in the my courtroom at a date and time to be set by the Court in person and with his client, to show cause as to why: (1) this case should not be dismissed; and, (2) sanctions should not be imposed. IT IS SO ORDERED. Dated: October 5, 2017 s/Anthony P. Patti Anthony P. Patti UNITED STATES MAGISTRATE JUDGE                                                              1 Undersigned has also issued show cause orders for missed deadlines in four other cases involving Plaintiff’s counsel. (See Watson v. Comm’r of Soc. Sec., No. 16-cv-14355 (E.D. Mich. May 2, 2017); Brokaw v. Comm’r of Soc. Sec., No. 15cv-13914 (E.D. Mich. Feb. 17, 2017); Payment v. Comm’r of Soc. Sec., No. 15-cv14426 (E.D. Mich. May 4, 2016); and Malone v. Comm’r of Soc. Sec., No. 15-cv10226 (E.D. Mich. Aug. 13, 2015)).    The 2 Certificate of Service I hereby certify that a copy of the foregoing document was sent to parties of record on October 5, 2017, electronically and/or by U.S. Mail. s/Michael Williams Case Manager for the Honorable Anthony P. Patti   3

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