Martinez v. Commissioner of Social Security Administration

Filing 17

ORDER Striking Pleading 16 Brief. Signed by Judge Anne T. Berton. (dt)

Case 3:22-cv-00135-KC-ATB Document 17 Filed 11/21/22 Page 1 of 2

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF TEXAS
EL PASO DIVISION
LILIA MARTINEZ,
Plaintiff,
v.
COMMISSIONER OF SOCIAL
SECURITY,
Defendant.

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EP-22-CV-00135-KC-ATB

ORDER STRIKING PLAINTIFF’S BRIEF
On this day, the Court considers “Plaintiff’s Brief,” filed on November 19, 2022, in the
above-captioned matter. (ECF No. 16).

Pursuant to Local Rule CV-7(c)(2), the page limit for

Plaintiff’s Brief is twenty pages “exclusive of the caption, the signature block, any certificate, and
any accompanying documents.” W.D. Tex. Civ. R. 7(c)(2). Plaintiff’s Brief is approximately
thirty-three pages, exclusive of the caption, table of contents, signature block, certificates, and
accompanying documents. See (ECF No. 16). Plaintiff did not request the Court’s permission
to exceed the page limit. Therefore, Plaintiff’s Brief is improperly filed.
Moreover, the Court finds that leave to exceed the page limit in this case is unwarranted.
Federal courts have “inherent power ‘to manage their own affairs so as to achieve the orderly and
expeditious disposition of cases.’” Woodson v. Surgitek, Inc., 57 F.3d 1406, 1417 (5th Cir. 1995)
(quoting Link v. Wabash R.R. Co., 370 U.S. 626, 630–31 (1962)). One such way to manage affairs
is to establish page limits. See Barnes v. Tumlinson, 597 F. App’x 798, 799 (5th Cir. 2015) (per
curiam). In the instant case, the Court finds no indication of novel issues requiring extensive

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Case 3:22-cv-00135-KC-ATB Document 17 Filed 11/21/22 Page 2 of 2

briefing beyond the Court’s page limits. See Gulf Petro Trading Co. v. Nigerian Nat’l
Petroleum Corp., 233 F.R.D. 492, 493 (E.D. Tex. 2005).1
Accordingly, it is HEREBY ORDERED that Plaintiff’s Brief (ECF No. 16) be
STRICKEN from the record.

It is FURTHER ORDERED that Plaintiff file a brief that

complies with the Local Rule CV-7 page limits and Local Rule CV-10 formatting requirements
on or before November 28, 2022. Any requests to exceed the page limit will be denied.
SIGNED and ENTERED this 21st day of November, 2022.

ANNE T. BERTON

UNITED STATES MAGISTRATE JUDGE

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The Court also notes that attorneys at the Konoski & Partners, PC law firm have repeatedly exceeded the Local
Rule CV-7 page limits. See, e.g., No. 1:21-cv-00731-RP-SH (ECF No. 13); No. 3:21-cv-00082-LS (ECF No. 12);
No. 3:22-cv-00073-FM-LS (ECF No. 15); No. 3:22-cv-00101-KC-ATB (ECF No. 13); No. 3:22-cv-00120-FM-RFC
(ECF No. 16); and No. 3:22-cv-00222-FM-RFC (ECF No. 18).

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