Ivory v. Colvin

Filing 12

ORDER signed by Judge Lynn Adelman on 11/18/13. Plaintiff's brief is due 12/2/2013. Failure to do so will result in dismissal of this action with prejudice. If plaintiff files a brief as directed, the Acting Commissioner's response brief is due by 1/2/2014, and plaintiff's reply brief, if any, is due by 1/16/2014. (cc: all counsel)(dm)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN

ANTOINETTE IVORY
Plaintiff,
v.

Case No. 13-C-0697

CAROLYN W. COLVIN,
Acting Commissioner of the Social Security Administration
Defendant.

ORDER
Plaintiff filed this § 405(g) action, pro se, on June 19, 2013. The court issued a
scheduling order, pursuant to which plaintiff's brief was due by September 19, 2013. Plaintiff
failed to file a brief, and on October 1, 2013, I sent a warning letter advising plaintiff that if she
failed to file a brief by October 22, 2013, the action would be dismissed with prejudice pursuant
to Civil Local Rule 41(c) (E.D. Wis.) and Fed. R. Civ. P. 41(b). On October 16, 2013, Attorney
Barry Schulz filed a notice of appearance for plaintiff. However, counsel has not filed a brief
or a motion for extension of time. Although I could dismiss this action for failure to prosecute,
I will afford plaintiff one final extension.
Plaintiff shall file her brief on or before December 2, 2013. Failure to do so will result
in dismissal of this action with prejudice. If plaintiff files a brief as directed, the Acting
Commissioner shall file her response brief on or before January 2, 2014, and plaintiff shall file
her reply brief, if any, on or before January 16, 2014.

SO ORDERED.
Dated at Milwaukee, Wisconsin this 18th day of November, 2013.
/s Lynn Adelman
_____________________________
LYNN ADELMAN
District Judge