Opinion
23-cv-03668-HSG
07-11-2024
MAHER WADIE SOLIMAN, Plaintiff, v. KILOLO KIJAKAZI, et al., Defendants.
ORDER DENYING MOTION TO DISMISS FOR LACK OF PROSECUTION RE: DKT. NO. 16
HAYWOOD S. GILLIAM, JR. UNITED STATES DISTRICT JUDGE
Before the Court is Defendant's motion to dismiss for failure to prosecute. See Dkt. No. 16. For the reasons discussed below, the Court DENIES the motion.
Plaintiff filed a complaint for judicial review of the decision of the Commissioner of the Social Security Administration (Defendant) denying Plaintiff Social Security benefits. See Dkt. No. 1. The Court then issued a Social Security Procedural Order setting a case schedule pursuant to the Supplemental Rules for Social Security Action under 42 U.S.C. § 405(g). See Dkt. No. 3. In relevant part, the schedule ordered (1) Defendant to file an answer within 60 days; (2) Plaintiff to file a brief for the requested relief within 30 days after Defendant's answer; and (3) Defendant to file a brief within 30 days after service of Plaintiff's brief. Defendant filed an answer, see Dkt. No. 12, but Plaintiff did not file his opening brief. Defendant then filed this motion, arguing that the Court should dismiss Plaintiff's case for failure to prosecute because he did not file his opening brief. See Dkt. No. 16. In opposition, Plaintiff argued that attached to his initial complaint was a Memorandum of Points and Authorities that effectively “served as [his] open[ing] brief.” Dkt. No. 17 at 1.
The Court construes Plaintiff's Memorandum of Points and Authorities attached to his complaint as the required “brief for the requested relief.” Accordingly, Defendant's motion to dismiss is DENIED. See Dkt. No. 16. Further, the Court DIRECTS Defendant to file and serve its brief on the Plaintiff within 30 days of this order. Plaintiff may file a reply brief within 14 days after service of the Defendant's brief.
IT IS SO ORDERED.