No. 1:16cv325.

VIVIAN ROBERTI, Plaintiff, v. NANCY A. BERRYHILL, Acting Commissioner of Social Security, Defendant.

United States District Court, W.D. North Carolina, Asheville Division.

Editors Note
Applicable Law: 42 U.S.C. § 206
Cause: 42 U.S.C. § 206 Social Security Benefits
Nature of Suit: 864 Social Security: SSID Tit. XVI
Source: PACER

Attorney(s) appearing for the Case

Vivian Roberti, Plaintiff, represented by Daniel R. Lauffer , Roberti, Wittenberg Lauffer & Wicker, P.A..

Nancy A. Berryhill, Defendant, represented by Jill Suzanne Reeder , Social Security Administration.


DENNIS L. HOWELL, Magistrate Judge.

Previously, Plaintiff filed a Motion for Extension of Time to respond to the Commissioner's Motion for Summary Judgment. The Court granted the motion and instructed Plaintiff as follows:

Plaintiff shall have until June 18, 2017, to file any response/reply brief. The Court notes, however, that pursuant to the Court's Social Security Briefing Order, Plaintiff's brief is limited to five (5) pages and may only address issues raised for the first time in the Commissioner's Motion for Summary Judgment.

(Order, May 19, 2017, ECF No. 13.)

In blatant disregard for both this Court's prior Order and the Court's Social Security Briefing Order, Plaintiff filed an eleven (11) page response brief. Accordingly, the Court STRIKES the Response [# 14] from the record for failure to comply with a lawful Order of this Court. The Court DENIES as moot the Consent Motion for Leave to File Sur-Reply [# 15].


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