Filed: Nov. 27, 2017
Latest Update: Nov. 27, 2017
Summary: ORDER AMENDING THE SCHEDULING ORDER AND ORDERING PLAINTIFF TO SERVE A CONFIDENTIAL LETTER BRIEF WITHIN THIRTY DAYS JENNIFER L. THURSTON , Magistrate Judge . On May 24, 2017, the Court found service of Plaintiff's First Amended Complaint was appropriate, and ordered the Clerk to issue and serve "Social Security Case Documents, including the Scheduling Order, Order regarding Consent, the Consent Form, and USM-285 Forms." (Doc. 5 at 3) Although the Summons and USM-285 Forms were issued, the Sc
Summary: ORDER AMENDING THE SCHEDULING ORDER AND ORDERING PLAINTIFF TO SERVE A CONFIDENTIAL LETTER BRIEF WITHIN THIRTY DAYS JENNIFER L. THURSTON , Magistrate Judge . On May 24, 2017, the Court found service of Plaintiff's First Amended Complaint was appropriate, and ordered the Clerk to issue and serve "Social Security Case Documents, including the Scheduling Order, Order regarding Consent, the Consent Form, and USM-285 Forms." (Doc. 5 at 3) Although the Summons and USM-285 Forms were issued, the Sch..
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ORDER AMENDING THE SCHEDULING ORDER AND ORDERING PLAINTIFF TO SERVE A CONFIDENTIAL LETTER BRIEF WITHIN THIRTY DAYS
JENNIFER L. THURSTON, Magistrate Judge.
On May 24, 2017, the Court found service of Plaintiff's First Amended Complaint was appropriate, and ordered the Clerk to issue and serve "Social Security Case Documents, including the Scheduling Order, Order regarding Consent, the Consent Form, and USM-285 Forms." (Doc. 5 at 3) Although the Summons and USM-285 Forms were issued, the Scheduling Order was not issued in this action until November 22, 2017. (Doc. 12)
In the interim, the Commissioner of Social Security was served, and filed the administrative record in the action on October 5, 2017. (Doc. 10) Pursuant to the filing deadlines in the Scheduling Order, Plaintiff would have been obligated to serve a confidential letter brief within thirty days of the filing of the administrative record, or no later than November 1, 2017. (See Doc. 12 at 2) However, because the Scheduling Order had not yet been issued, Plaintiff's counsel did not have notice of the filing deadlines. Therefore, the Court finds it necessary to amend its Scheduling Order sua sponte to set an appropriate deadline for Plaintiff to serve her confidential letter brief.
Accordingly, the Court ORDERS:
1. Plaintiff SHALL serve a confidential letter brief upon Defendant within thirty days of the date of service of this order; and
2. No further modifications of the Scheduling Order are authorized at this time.
IT IS SO ORDERED.
