Gore v. Astrue

Filing 17

ORDER allowing claimant to file brief outside deadline. Signed by Jane M Virden on 5/8/12. (ncb)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF MISSISSIPPI
EASTERN DIVISION

JANICE GORE

PLAINTIFF

V.

NO. 1:11CV00245-SA-JMV

MICHAEL J. ASTRUE

DEFENDANT
ORDER

By Order (# 13) dated April 30, 2012, the court directed the claimant to show cause why
this case should not be dismissed for her failure to file a brief in accordance with the court’s
earlier Order (# 10). On May 7, 2012, the claimant filed her response (# 15) along with her brief
in support of the complaint (# 14). The court has reviewed the claimant’s response and finds that
her failure to timely file her brief was the fault of her counsel and that said neglect is, therefore,
excusable in this instance. Nevertheless, plaintiff’s counsel is warned that any further delays of
these proceedings traceable to counsel, in the absence of a showing of good cause, will subject
counsel to imposition of appropriate sanctions.
THEREFORE, IT IS ORDERED that the claimant’s request for leave to file her brief
outside the deadline is hereby GRANTED. The Commissioner shall file his responsive brief
within 30 days of this date, and the claimant may file a reply brief within 7 days of the filing of
the Commissioner’s response.
This 8th day of May, 2012.

/s/ Jane M. Virden
UNITED STATES MAGISTRATE JUDGE