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Vicky Lynne Kelly v. Michael J. Astrue

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


April 3, 2012

VICKY LYNNE KELLY,
PLAINTIFF,
v.
MICHAEL J. ASTRUE, COMMISSIONER OF SOCIAL SECURITY,
DEFENDANT.

The opinion of the court was delivered by: Sheila K. Oberto United States Magistrate Judge

ORDER DISCHARGING ORDER TO SHOW CAUSE (Docket No. 19) ORDER MODIFYING BRIEFING SCHEDULE

On January 9, 2012, the Court granted, upon the parties' stipulation, an extension of time for the parties to file their respective briefs. Pursuant to the stipulation and Court order, Defendant Commissioner of Social Security's ("Defendant") responsive brief was due on or before March 21, 2012. (Doc. 16.) Defendant failed to file a responsive brief, and on March 28, 2012, the Court issued an order to show cause requiring that Defendant, by April 2, 2012, either file a responsive brief or show cause as to why the brief was not timely filed. (Doc. 19.) On April 2, 2012, Defendant filed a responsive brief. (Doc. 20.) As Defendant has complied with the Court's order, the Court DISCHARGES the order to show cause.

Counsel for Defendant, Ms. Brenda Pullin, is cautioned, however, that any further failure to file timely pleadings in this or any other case before this Court may result in monetary sanctions against her pursuant to the Local Rules of the United States District Court, Eastern District of California, Rule 110, which provides that the "[f]ailure of counsel or of a party to comply with these Rules or with any order of the Court may be grounds for imposition by the Court of any and all sanctions authorized by statute or Rule or within the inherent power of the Court." *fn1

Defense counsel's failure to timely file the responsive brief necessitates yet another modification to the briefing schedule to permit Plaintiff Vicky Lynne Kelly ("Plaintiff") adequate time to file a reply brief. Pursuant to the Court's scheduling order (Doc. 7), Plaintiff has fifteen (15) days after service of Defendant's responsive brief to file a reply brief. As such, Plaintiff may file a reply brief on or before April 17, 2012.

Accordingly, IT IS HEREBY ORDERED that:

1. The Court's March 28, 2012, order to show cause is DISCHARGED; and

2. Plaintiff may file a reply brief on or before April 17, 2012.

IT IS SO ORDERED.


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