South v. Commissioner of Social Security

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION PENNY LYNN SOUTH, Plaintiff, v. Case No.: 2:19-cv-627-FtM-38NPM COMMISSIONER OF SOCIAL SECURITY, Defendant. / ORDER1 Before the Court are the parties’ responses (Docs. 23; 24) to the Court’s Order to Show Cause (Doc. 22) on why this case should not be stayed. As explained in the Order, a pending Supreme Court decision may impact the outcome of this case. Carr v. Saul, No. 19-1442, cert. granted, 2020 WL 6551771 (U.S. Nov. 9, 2020). After considering the parties’ responses, the Court finds it appropriate to exercise its discretion and stay this case. See Clinton v. Jones, 520 U.S. 681, 706 (1997). A stay will preserve judicial resources and avoid inconsistent outcomes.

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ORDERED: (1) This case is STAYED. (2) The Clerk is DIRECTED to add a stay flag on the docket. (83) The parties are DIRECTED to notify the Court within seven (7) days of the United States Supreme Court issuing a decision in Carr v. Saul, No. 19-1442. If no decision is issued by April 1, 2021, the parties are DIRECTED to file a joint notice stating so.

DONE and ORDERED in Fort Myers, Florida on December 8, 2020.

UNITED STATES DISTRICT JUDGE Copies: All Parties of Record