Kochensparger v. Astrue
Filing
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ORDER striking 11 Motion for Summary Judgment and 12 Memorandum in Support of Motion for Summary Judgment. Plaintiff allowed twenty (20) days from the entry of this Order to submit a new motion and supporting brief. Signed by Magistrate Judge Dennis Howell on 03/22/12. (emw)
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
1:11cv105
RITA KIMBERLY
KOCHENSPARGER,
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Plaintiff,
v.
MICHAEL J. ASTRUE,
Commissioner of Social Security,
Defendant.
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ORDER
Pending before the Court are the parties’ Motions for Summary Judgment
[# 11 & # 13]. Recently, this Court warned counsel for Plaintiff in a Memorandum
and Recommendation entered in Pyles v. Astrue, as follows:
The Court notes that counsel for Plaintiff has numerous social security
appeals pending before the Court. In many of these cases, counsel has
filed similar briefs that lack citations to legal authority and fail to clearly
articulate the alleged errors committed by the ALJ. The Court warns
counsel that going forward, the Court will consider striking any brief
submitted by counsel in a social security case that does not separately set
forth each alleged error and contain legal authority supporting each of
the claimant's alleged errors.
Pyles v. Astrue, No. 1:11cv116, slip. op. at 6-7 n.2 (W.D.N.C. Mar. 19, 2012)
(Howell, Mag. J.). Plaintiff is represented by the same counsel in this case, V.
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Lamar Gudger, III, Esq. Like in Pyles, Plaintiff’s Memorandum in Support of her
Motion for Summary Judgment fails to cite legal authority supporting each of her
alleged errors. Accordingly, the Court STRIKES the Plaintiff’s Motion for
Summary Judgment [# 11] and Memorandum in Support of Motion for Summary
Judgment [# 12]. The Court, however, will allow Plaintiff twenty (20) days from
the entry of this Order to submit a new motion and supporting brief. The Court
will disregard any portion of the brief that is not supported by citations to legal
authority. No extension of this deadline will be granted.
Moreover, the Court will not grant counsel any further extensions of time to
file his briefs in any Social Security cases pending before the Court in which he
represents the Plaintiff. If counsel cannot provide the Court with legal authority
supporting his arguments, then no extension of time is needed to research and draft
briefs with the Court. Finally, the Court INSTRUCTS counsel that the Court will
not allow counsel an opportunity to submit a new brief in any case in which the
brief was filed with the Court after the entry of this Order. Instead, the Court will
strike the motion and brief as a matter of course and recommend to the District
Court to dismiss without prejudice the complaint for failure to comply with a
lawful Order of this Court.
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Signed: March 22, 2012
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