Fenton v. Commissioner of Social Security
ORDER that Defendant may file a surreply to Plaintiff's reply (ECFNo. 16 ), no later than thirty days from the date of this order. Signed by Magistrate Judge Carl W. Hoffman on 1/9/2018. (Copies have been distributed pursuant to the NEF - MMM)
UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
DOUGLAS R. FENTON,
CAROLYN W. COLVIN,
Case No. 2:16-cv-02356-RFB-CWH
Presently before the Court is Plaintiff’s reply in support of his complaint (ECF No. 16), filed
on April 27, 2017. In his reply, Plaintiff argued, for the first time, that the ALJ failed to consider
Plaintiff’s limited ability to reach as the result of shoulder impairment. The Commissioner did not
have an opportunity to respond to that argument.
The decision to consider arguments or facts raised for the first time in a reply brief is, to some
degree, at the discretion of the trial court. Backcountry Against Dumps v. Chu, 215 F. Supp. 3d 966,
975 (S.D. Cal. 2015). Although Plaintiff’s arguments could have been raised earlier, given their
importance to Plaintiff’s claims, the Court will consider them. Since the Court will consider the new
arguments in Plaintiff’s reply, the Court will also grant leave for the Commissioner to file a surreply.
IT IS THEREFORE ORDERED that Defendant may file a surreply to Plaintiff’s reply (ECF
No. 16), no later than thirty days from the date of this order.
DATED: January 9, 2018
C.W. Hoffman, Jr.
United States Magistrate Judge
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?