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-SPC-NPM COMMISSIONER OF SOCIAL

SECURITY,

Defendant. /

ORDER1

Before the Court are the parties’ responses (Docs. 28; 29) to the Court’s Order to Show Cause (Doc. 27). The Court stayed this case pending a now- issued Supreme Court decision. Given the responses, the Court finds it appropriate to exercise its discretion and lift the stay. See Clinton v. Jones, 520 U.S. 681, 706 (1997). Regarding supplemental briefing, however, Judge Mizell is well-positioned to decide whether it’s necessary as he reviews the parties’ Joint Memorandum (Doc. 21). So the Court defers to his judgment on that question and refers this case to him for further proceedings.

Accordingly, it is now

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ORDERED: (1) The stay is LIFTED. (2) The Clerk is DIRECTED to reopen the case and remove the stay flag from the docket.

DONE and ORDERED in Fort Myers, Florida on May 7, 2021.

, ites WbLataat he 7 UNITED STATES DISTRICT JUDGE Copies: All Parties of Record