Owenby v. Colvin

Filing 25

ORDER granting 23 MOTION for Reconsideration of 22 Order or, in the alternative, to Modify the Courts Scheduling Order, (Plaintiff's new SS Motion for Summary Judgment due by 8/4/2017, Government's new SS Motion for Summary Judgment or a supplement to her existing motion for summary judgment and supporting memorandum due by 10/3/2017.) Signed by District Judge Richard Voorhees on 7/13/17. (ejb)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
CASE NO. 1:16-CV-00243-RLV
STEWART WAYNE OWENBY,
Plaintiff,
v.
NANCY A. BERRYHILL,
Acting Commissioner of Social Security,
Defendant.

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ORDER

THIS MATTER IS BEFORE THE COURT on Plaintiff Stewart Wayne Owenby’s
Motion for Reconsideration or, in the alternative, to Modify the Court’s Scheduling Order (the
“Motion”). (Doc. 23). The Commissioner has filed a response. (Doc. 24). Having considered
the Motion and the Commissioner’s response, the Court concludes that equity and the interests of
justice favor permitting Plaintiff the opportunity to submit a new motion for summary judgment,
as well as an amended supporting memorandum that fully complies with this Court’s Social
Security Briefing Order, (Case No. 3:13-mc-198-FDW; Doc. 1). Plaintiff shall have up to and
including August 4, 2017 to file his new motion for summary judgment and supporting
memorandum. The Commissioner, in turn, shall have up to and including October 3, 2017 to file
a new motion for summary judgment and supporting memorandum or to file a supplement to her
existing motion for summary judgment and supporting memorandum.1

To avoid further delay in this matter, if the Commissioner, after reviewing Plaintiff’s new submissions, decides to
stand on her existing submissions, (see Doc. 24; see also Docs. 18-19), rather than file a new motion for summary
judgment or a supplement to her existing motion, she shall promptly advise the Court of such so that the Court may
recommence its review of this matter before October 3, 2017.
1

SO ORDERED.
Signed: July 13, 2017