Schmock v. Social Security Administration

Filing 16

ORDER by Magistrate Judge Kevin R. Sweazea granting in part and denying in part 15 Motion for Extension of Time to File. (sls)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
MAXINE BARELA SCHMOCK,
Plaintiff,
v.

No. 1:17-CV-575-JCH-KRS

NANCY A. BERRYHILL, Acting
Commissioner of the Social Security
Administration,
Defendant.
ORDER GRANTING IN PART AND DENYING IN PART MOTION TO EXTEND
BRIEFING DEADLINES
THIS MATTER comes before the Court upon Plaintiff’s Unopposed Motion to Extend
Briefing Deadlines [Doc. No. 15], filed November 3, 2017. Also on November 3, 2017, Plaintiff
submitted two (2) proposed orders granting her motion for extension. The first proposed order
reflected the filing deadlines set forth in the motion at bar, namely, November 9, 2017, for
Plaintiff’s motion to reverse or remand, January 8, 2018, for Defendant’s response, and January
22, 2018, for Plaintiff’s reply.
Explaining that the deadline requests for Defendant’s response and Plaintiff’s reply were
improperly calculated due to a clerical error, Plaintiff submitted a second proposed order which
modified Defendant’s response deadline to December 11, 2017, and Plaintiff’s deadline to file a
reply, if any, to December 19, 2017. The Court did not receive an amended motion to extend
briefing deadlines; however, Defendant’s approval of the amended deadlines is noted on
Plaintiff’s second proposed Order on Unopposed Motion for Extension of Time. Accordingly,
the Court FINDS and CONCLUDES that Plaintiff’s Unopposed Motion to Extend Briefing
Deadlines [Doc. No. 15] should be granted in part and denied in part.

IT IS, THEREFORE, ORDERED that Plaintiff’s request to extend briefing deadlines is
GRANTED, as modified by the second proposed order submitted by Plaintiff. Plaintiff shall file
and serve her motion to reverse or remand agency decision together with a supporting
memorandum of law on or before November 9, 2017. Defendant shall file and serve her
response on or before December 11, 2017, and Plaintiff may file and serve her reply, if any, on
or before December 19, 2017.
IT IS FURTHER ORDERED that Plaintiff’s request to extend the response deadline to
January 8, 2018, and the reply deadline to January 22, 2018, is DENIED.

_____________________________________
KEVIN R. SWEAZEA
UNITED STATES MAGISTRATE JUDGE