Johnson v. Social Security Administration, No. 2:2013cv06544 - Document 21 (E.D. La. 2014)

Court Description: ORDER AND REASONS denying 18 MOTION for APPEAL OF MAGISTRATE JUDGE DECISION to District Court. Signed by Judge Susie Morgan. (bwn)

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Johnson v. Social Security Administration Doc. 21 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA THEODORE JOHNSON, CIVIL ACTION Plaintiff VERSUS NO. 13-6544 SOCIAL SECURITY ADMINISTRATION, SECTION "E" Defendant ORDER AND REASONS This case arises out of Defendant's allegedly improper recovery of benefit overpayments from Plaintiff Theodore Johnson, who is proceeding pro se. Pursuant to the Magistrate Judge's order,1 the parties filed cross-motions for summary judgment. Defendant's motion was filed several days after the date set by the Magistrate Judge's Order.2 Plaintiff moved to strike Defendant's motion for summary judgment as untimely.3 The Magistrate Judge denied the motion to strike.4 Plaintiff now seeks review of the Magistrate Judge's order denying the motion to strike.5 Defendant has filed a response.6 Plaintiff contends that the motion to strike should have been granted because Defendant (1) failed to file an answer and (2) filed its motion for summary judgment late.7 First, Defendant filed its answer on February 26, 2014.8 Second, the Court finds 1 2 3 4 5 6 7 R. Doc. 10. R. Doc. 15. R. Doc. 16. R. Doc. 17. R. Doc. 18. R. Doc. 20. R. Doc. 18 at 1-2. Dockets.Justia.com no error in the Magistrate Judge's conclusion that a motion to strike a slightly late dispositive motion is an extreme and inappropriate remedy. Plaintiff has not articulated any prejudice from the slight delay. And Plaintiff is entitled to the same flexibility; the Court would not strike his motion "if plaintiff had filed one day late."9 Accordingly, the appeal of the Magistrate Judge's order denying Plaintiff's motion to strike is DENIED. New Orleans, Louisiana, this 24th day of June, 2014 ___________________________ SUSIE MORGAN UNITED STATES DISTRICT JUDGE 8 9 R. Doc. 8. R. Doc. 18 at 2.

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