Short v. Berryhill

Filing 15

ORDER IMPOSING SANCTIONS AND STRIKING OPENING BRIEF AND 14 MOTION TO REMAND signed by Hon. James P. Donohue; Opening Brief is due by 7/20/2018, Responsive Brief due by 8/17/2018, Reply Brief due by 8/31/2018. (TF)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON

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KEVIN SHORT,

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Plaintiff,

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v.

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ORDER IMPOSING SANCTIONS
AND STRIKING OPENING BRIEF
AND MOTION TO REMAND

NANCY A. BERRYHILL, Deputy
Commissioner of Social Security for
Operations,

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Case No. C18-5112-JPD

Defendant.

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This matter comes before the Court upon plaintiff’s July 11, 2018 Motion to Remand

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Alternatively Under Sentence Six, Dkt. 14, as well as the Declaration of Jamie Olivares, which

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does not comply with LCR 5.2(a). Dkt. 14, Atts 1-5. Specifically, Exhibits A, B, C and D to

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counsel’s declaration contain numerous personal data identifiers (social security numbers) that

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have not been redacted as required by the local rules. See Dkt. 14, Atts. 2-5. In fact, portions

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of Exhibit A are the exact same unredacted exhibit to plaintiff’s opening brief, Dkt. 10, that

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was previously sealed by the Court on July 2, 2018. Dkt. 11.1

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The Court has previously directed plaintiff’s counsel to comply with LCR 5.2 in
several unrelated cases. See Cobban v. Astrue, C07-1199-RSL and Nelson v. Colvin, C155638-JPD. However, plaintiff’s counsel continues to fail to comply with the local rules of this
district.
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ORDER
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In addition, it is not clear why plaintiff’s Motion to Remand Alternatively Under

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Sentence Six, Dkt. 14, was not included as part of his opening brief filed on June 29, 2018.

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Dkt. 10. Regardless of whether the alternative motion to remand was filed separately due to a

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lack of diligence or an attempt to avoid the page limits applicable to the opening brief,

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plaintiff’s submissions were not in compliance with the briefing schedule set forth in the

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Court’s Scheduling Order. Dkt. 9.

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Accordingly, the Court ORDERS as follows:

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(1)

The Clerk is directed to STRIKE plaintiff’s Motion to Remand Alternatively

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Under Sentence Six, Dkt. 14, as well as the Declaration of Jamie Olivares, Dkt. 14, Atts. 1-5,

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and plaintiff’s opening brief, Dkt. 10. The Clerk is further directed to strike plaintiff’s motion

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for extension of time, Dkt. 12, as MOOT.

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(2)

Plaintiff is directed to re-file the opening brief to include any arguments set

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forth in the motion to remand under sentence six by no later than Friday, July 20, 2018.

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Plaintiff’s revised opening brief shall comply with the 18-page limit set forth in the Scheduling

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Order, and any personal data identifiers in the exhibits shall be redacted in a manner that

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complies with LCR 5.2(a).

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(3)

The Court imposes SANCTIONS against plaintiff’s counsel in the amount of

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$200 for counsel’s repeated failure to comply with LCR 5.2(a). Plaintiff’s counsel shall file a

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certification with the Court by Friday, July 20, 2018 showing that this sanction has been paid

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to the registry of the Court. Moreover, plaintiff’s counsel is advised that if the undersigned

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receives another submission from him in this case, or any other, that fails to comply with

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LCR 5.2, sanctions will be imposed without another opportunity to show cause or correct

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the error.

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(4)

The Commissioner’s responsive brief is due by no later than Friday, August 17,

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2018, and the plaintiff’s optional reply brief is due by no later than Friday, August 31, 2018.

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//
ORDER
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(5)

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DATED this 16th day of July, 2018.

The Clerk is directed to send a copy of this Order to all counsel of record.

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JAMES P. DONOHUE
United States Magistrate Judge

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ORDER
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