Dufresne v. Astrue

Filing 16

ORDER striking plaintiff's 14 Motion for Summary Judgment. Plaintiff may use his 15 Memorandum as his Opening Brief, or file a complete substitute by the deadline of 05/09/12. Defendant's Responsive Brief is due by 06/06/12. Signed by Hon. Mary Alice Theiler.(GB)

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01 02 03 04 05 06 07 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 08 RANDY S. DUFRESNE, 09 10 11 12 13 14 ) ) Plaintiff, ) ) v. ) ) MICHAEL J. ASTRUE, ) Commissioner of Social Security, ) ) Defendant. ) ____________________________________ ) CASE NO. C12-5053-MAT ORDER STRIKING MOTION FOR SUMMARY JUDGMENT Plaintiff filed a motion for summary judgment (Dkt. 14) on April 26, 2012. However, 15 in Social Security cases in this district, the parties are routinely directed to follow the briefing 16 schedule established by the Court. In this case, the Court issued the Briefing Scheduling Order 17 on April 10, 2012 (Dkt. 11), directing plaintiff to file an Opening Brief no later than May 9, 18 2012. Because the motion for summary judgment triggers a separate series of deadlines from 19 those established in the Briefing Scheduling Order, the Court STRIKES plaintiff’s summary 20 judgment motion (Dkt. 14). Plaintiff may use his Memorandum (Dkt. 15) as his Opening Brief 21 or file a separate Opening Brief. However if he chooses to file an Opening Brief by the 22 deadline of May 9, 2012, the Opening Brief must serve as a complete substitution for the ORDER STRIKING MOTION FOR SUMMARY JUDGMENT PAGE -1 01 Memorandum, not a supplement. Defendant’s Answering Brief is still due by June 6, 2012. 02 03 DATED this 27th day of April, 2012. 04 A 05 Mary Alice Theiler United States Magistrate Judge 06 07 08 09 10 11 12 13 14 15 16 17 18 19 20 21 22 ORDER STRIKING MOTION FOR SUMMARY JUDGMENT PAGE -2

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