Watson v. Social Security, Commissioner of
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)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
Case No. 2:17-cv-11978
District Judge Gershwin A. Drain
Magistrate Judge Anthony P. Patti
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
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)).
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.
Case Manager for the
Honorable Anthony P. Patti
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