Lewis v. Berryhill

Filing 18

ORDER denying without prejudice 16 Motion for Summary Judgment. Plaintiff shall have up to and including December 8, 2017 to file a Motion for Summary Judgment and supporting Memorandum. Signed by Magistrate Judge David Keesler on 11/28/17. (mga)

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NORTH CAROLINA CHARLOTTE DIVISION CIVIL ACTION NO. 3:17-CV-350-DCK KAREN E. LEWIS, ) ) ) ) ) ) ) ) ) ) ) Plaintiff, v. NANCY A. BERRYHILL, Acting Commissioner of Social Security, Defendant. ORDER THIS MATTER IS BEFORE THE COURT on Plaintiff’s “Motion For Judgment On The Pleadings F. R. Civ. Pro. 12(c)” (Document No. 16) filed November 27, 2017. The parties have consented to Magistrate Judge jurisdiction pursuant to 28 U.S.C. § 636(c), and immediate review is appropriate. Having carefully considered the motion, the record, and applicable authority, the undersigned will deny the motion without prejudice to re-file. Plaintiff failed to comply with “Social Security Scheduling Order,” 3:13-MC-198, linked to the docket of this case on September 1, 2017. IT IS, THEREFORE, ORDERED that Plaintiff’s “Motion For Judgment On The Pleadings F. R. Civ. Pro. 12(c)” (Document No. 16) is DENIED WITHOUT PREJUDICE. Plaintiff shall have up to and including December 8, 2017 to file a Motion for Summary Judgment and supporting Memorandum. SO ORDERED. Signed: November 28, 2017

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