Roberti v. Colvin

Filing 16

ORDER STRIKING from the record for failure to comply with a lawful Order of this Court 14 Response to Motion. The Court DENIES as moot 15 Consent MOTION for Leave to File Sur-Reply. Signed by Magistrate Judge Dennis Howell on 6/9/2017. (khm)

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NORTH CAROLINA ASHEVILLE DIVISION 1:16cv325 VIVIAN ROBERTI, ) ) ) ) ) ) ) ) ) ) ) ) Plaintiff, v. NANCY A. BERRYHILL, Acting Commissioner of Social Security, Defendant. _______________________________ ORDER Previously, Plaintiff filed a Motion for Extension of Time to respond to the Commissioner’s Motion for Summary Judgment. The Court granted the motion and instructed Plaintiff as follows: Plaintiff shall have until June 18, 2017, to file any response/reply brief. The Court notes, however, that pursuant to the Court’s Social Security Briefing Order, Plaintiff’s brief is limited to five (5) pages and may only address issues raised for the first time in the Commissioner’s Motion for Summary Judgment. (Order, May 19, 2017, ECF No. 13.) In blatant disregard for both this Court’s prior Order and the Court’s Social Security Briefing Order, Plaintiff filed an eleven (11) page response brief. Accordingly, the Court STRIKES the Response [# 14] from the record for failure -1- to comply with a lawful Order of this Court. The Court DENIES as moot the Consent Motion for Leave to File Sur-Reply [# 15]. Signed: June 9, 2017 -2-

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