Sargent v. Colvin
ORDER Granting Plaintiff's 21 Motion to File Record Under Seal and for Relief from Order is Granted and shall remain under seal. Plaintiff shall file a Motion for Reversal and/or Remand no later than 7/12/2017. Defendant shall file either a Notice of Voluntary Remand or a Response to Plaintiff's Motion by 8/11/2017. Plaintiff's Reply due by 8/25/2017. Signed by Magistrate Judge Peggy A. Leen on 5/22/2017. (Copies have been distributed pursuant to the NEF - SLD)
UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
(Mot. to File Under Seal and
for Relief from Order – ECF No. 21)
NANCY A. BERRYHILL, Acting
Commissioner of Social Security,
Case No. 2:16-cv-02149-RFB-PAL
This matter is before the court on Plaintiff Keri Sargent’s Motion to File Record Under
Seal and for Relief from Order (ECF No. 21). This Motion is referred to the undersigned pursuant
to 28 U.S.C. § 636(b)(1)(A) and LR IB 1-3 of the Local Rules of Practice.
On March 15, 2017, the court issued a Scheduling Order (ECF No. 18) setting briefing
deadlines for this case. The Scheduling Order required Plaintiff to file a motion for reversal and/or
remand no later than April 14, 2017, and advised Plaintiff that a failure to file a motion or points
and authorities as required by the Scheduling Order may result in dismissal of the action. Id. at 5,
¶ 12. Plaintiff failed to comply with the Scheduling Order, request an extension of time, or take
any other action to prosecute this case. The court therefore issued an Order to Show Cause (ECF
No. 20) on May 4, 2017, ordering Plaintiff to show cause, in writing, no later than May 12, 2017,
why this matter should not be dismissed for her failure to file a motion for reversal and/or remand
in compliance with the Scheduling Order.
On May 18, 2017, Plaintiff’s counsel filed the motion informing the court of his recent
temporary but serious medical issues and requesting an extension of the briefing deadlines set forth
in the Scheduling Order. Having reviewed and considered the matter, the court is satisfied counsel
has shown cause for his prior failure to comply with the court’s scheduling order and finds good
cause to seal the moving papers and grant an extension of the briefing schedule.
IT IS ORDERED:
1. Plaintiff Keri Sargent’s Motion to File Record Under Seal and for Relief from Order
(ECF No. 21) is GRANTED, and shall remain under seal.
2. The following briefings deadlines shall apply:
a. Plaintiff shall file a motion for reversal and/or remand no later than July 12, 2017.
b. Defendant shall have until August 11, 2017, to file either a notice of voluntary
remand of the case or points and authorities in opposition to Plaintiff’s motion.
a. Plaintiff may file a reply in support of the motion no later than August 25, 2017.
3. All other instructions and briefing requirements stated in the Scheduling Order (ECF
No. 18) remain in effect.
Dated this 22nd day of May, 2017.
PEGGY A. LEEN
UNITED STATES MAGISTRATE JUDGE
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