Nisbet v. Berryhill

Filing 14

ORDER denying Plaintiff's 13 Motion for Leave to File an Over-length Brief; striking from the record Plaintiff's proposed Opening Brief (Dkt. 13-1), signed by Judge Ricardo S Martinez. (SWT)

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1 2 3 4 5 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA 6 7 RICHARD L. NISBET, 8 Plaintiff, 9 Case No. C17-5306-RSM ORDER DENYING MOTION TO FILE EXCESS PAGES v. 10 NANCY A. BERRYHILL, Acting 11 Commissioner of Social Security, Defendant. 12 13 Plaintiff moves for leave to file an over-length Opening Brief. Dkt. #13. In support of 14 this request, Plaintiff states that additional pages are necessary because, medical records and other records filed, including lay testimony from Plaintiff and a vocational expert, include evidence relevant to Plaintiff’s claim herein, and for Plaintiff to adequately address the multiple errors and evidence which supports his claim, further pages than the 18 allowed by this Court’s scheduling Order are required. 15 16 17 18 Id. This explanation describes most, if not all, Social Security cases. Plaintiff has presented 19 nothing showing this case is unusually complicated or presents novel issues to justify granting 20 the request. The Court therefore ORDERS: 21 (1) Plaintiff’s motion to file an over-length brief (Dkt. #13) is DENIED. 22 (2) Plaintiff’s proposed Opening Brief filed on August 21, 2017 (Dkt. #13-1) is 23 STRICKEN from the record. ORDER DENYING MOTION TO FILE EXCESS PAGES - 1 1 (3) As provided in the Scheduling Order, Plaintiff shall file an Opening Brief of 18 2 pages or less no later than Tuesday, August 29, 2017. The Commissioner’s 3 Response Brief is due no later than September 26, 2017. Plaintiff’s Reply Brief 4 is due no later than October 10, 2017. All briefs must conform to the requirements 5 set forth in the Court’s Scheduling Order (Dkt. #12). 6 DATED this 23rd day of August, 2017. 7 8 9 A RICARDO S. MARTINEZ CHIEF UNITED STATES DISTRICT JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 ORDER DENYING MOTION TO FILE EXCESS PAGES - 2

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