Opinion
No. C 06-05032 SBA.
March 26, 2008
ORDER [Docket No. 2]
When plaintiff filed her complaint [Docket No. 1], the Court issued a Social Security Procedural Order (the "Procedural Order") [Docket No. 2], establishing a briefing schedule for this matter. As the Procedural Order states, "[p]laintiff shall serve and file a motion for summary judgment or for remand within thirty days of service of defendant's answer." Docket No. 2 ¶ 2. Defendant answered on December 22, 2006. See Docket No. 9. Plaintiff did not file a motion for summary judgment until February 29, 2008, over a year later. See Docket No. 15. Under the Procedural Order, defendant's opposition or counter-motion is due by March 30, 2008. See Docket No. 2 ¶ 3. In turn, under the Procedural Order, plaintiff's reply, if any, would be due 14 days after service of defendant's opposition or counter-motion. See id. ¶ 4. Given that plaintiff has without explanation caused an extremely long delay in resolving this matter, the Court shortens the period for her to reply, from 14 days, to 5 days. Thus, plaintiff's reply, if any, will be due 5 days after service of defendant's opposition or counter-motion.
The defendant then was Jo Anne Barnhart, since replaced by Michael J. Astrue, under Federal Rule of Civil Procedure 25(d).
IT IS SO ORDERED.