SMITH v. COMMISSIONER OF SOCIAL SECURITY

No. 2:16-cv-1561-KJN.

JAMES D.A. SMITH, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant.

United States District Court, E.D. California.

Editors Note
Applicable Law: 42 U.S.C. § 405
Cause: 42 U.S.C. § 405 Review of HHS Decision (SSID)
Nature of Suit: 863 Social Security: DIWC/DIWW
Source: PACER


Attorney(s) appearing for the Case

James D.A. Smith, Plaintiff, represented by Jared Thomas Walker , Law Office of Jared T. Walker, PC.

Commissioner of Social Security, Defendant, represented by Michael K. Marriott , Social Security Administration & Bobbie J. Montoya , United States Attorney's Office.


ORDER

KENDALL J. NEWMAN, Magistrate Judge.

On April 17, 2017, the court granted plaintiff an extension until May 17, 2017, to file a motion for summary judgment. (ECF No. 18.) However, that deadline passed without the filing of a motion for summary judgment.

On July 12, 2017, plaintiff filed a motion for summary judgment (ECF No. 20), along with a motion for leave to file a late motion for summary judgment (ECF No. 21). According to plaintiff's counsel, he inadvertently failed to properly calendar the due date for the motion, and apologizes for his error. The Commissioner does not oppose plaintiff's motion for leave to file a late brief.

In light of plaintiff's counsel's candor and apology, the Commissioner's non-opposition, and the court's desire to resolve the action on the merits, the court finds it appropriate to grant the motion.

Accordingly, IT IS HEREBY ORDERED that:

1. Plaintiff's motion for leave to file a late motion for summary judgment (ECF No. 21) is GRANTED. 2. Plaintiff's motion for summary judgment (ECF No. 20) is DEEMED TIMELY FILED. 3. All other case deadlines are adjusted accordingly.

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