Thibodeaux v. Social Security Administration, Commissioner of (PLR1)
ORDER re 22 Response to Order to Show Cause, filed by Social Security Administration, Commissioner of. The Commissioner's request that she be given leave to file a motion for remand is GRANTED. The Commissioners is DIRE CTED to immediately file her proposed Motion for Entry of Judgment with Remand Under Sentence Four of 42 U.S.C., § 405(g), Memorandum in Support, and Order of Remand Under Sentence Four of 41 U.S.C. § 405 (g) [Docs. 22-1, 22-2, & 22-3] as her operative pleading. Signed by Magistrate Judge C Clifford Shirley, Jr on 12/29/2016. (copy mailed) (KMK, )
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE
RONALD JOHN THIBODEAUX,
CAROLYN W. COLVIN,
Commissioner of Social Security,
This case is before the undersigned pursuant to 28 U.S.C. § 636, the Rules of this Court,
and Standing Order 13-02.
On December 16, 2016, the Court entered an Order to Show Cause [Doc. 21], directing the
Commissioner to explain why she failed to file a dispositive motion and brief in support as ordered
by the Court and why the Court should not preclude such filing at this late date. In her response
and accompanying affidavit, counsel for the Commissioner states she “inadvertently neglected to
place the filing deadline on her work calendar and also accidentally overlooked draft remand
documents sent by agency counsel in April 2016.” [Doc. 22 at 2; see Doc. 23 at 1-2]. Counsel
submits that the Court needs full briefings from both parties to make an informed, just decision,
and that missing the instant deadline “is not sufficient reason to deprive the Court of the
information it needs to rule in this case.” [Doc. 22 at 2]. The Commissioner requests that she be
permitted to file, out of time, a motion for remand pursuant to sentence four of 42 U.S.C. § 405(g).
The Commissioner has attached a proposed motion, memorandum in support, and order, to
demonstrate they are ready for immediate filing. [Docs. 22-1, 22-2, & 22-3].
Although the Court is reluctant to accept pleadings that are not timely filed, the Court finds
that the Commissioner has shown good cause in this case for the late filing. The Commissioner’s
request that she be given leave to file a motion for remand is GRANTED. The Commissioners is
DIRECTED to immediately file her proposed Motion for Entry of Judgment with Remand Under
Sentence Four of 42 U.S.C., § 405(g), Memorandum in Support, and Order of Remand Under
Sentence Four of 41 U.S.C. § 405 (g) [Docs. 22-1, 22-2, & 22-3] as her operative pleading.
IT IS SO ORDERED.
s/ C. Clifford Shirley, Jr.
United States Magistrate Judge
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?