Simmons

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

10 R.S., Case No. 19-cv-00215-NC 11 Plaintiff, ORDER DENYING DEFENDANT’S MOTION TO v. DISMISS, ORDERING CROSS- MOTIONS FOR SUMMARY

ANDREW M. SAUL, JUDGMENT

14 Defendant. Re: Dkt. No. 15 15 Plaintiff R.S. filed a complaint against Commissioner of Social Security Andrew M. Saul1 alleging that he was wrongfully denied disability benefits. Dkt. Nos. 1, 3. The Commissioner moved to dismiss, arguing that R.S.’s motion was filed outside the 60-day appeals window without a request for an extension of time. Dkt. No. 15. R.S. opposed the motion to dismiss, arguing that his late appeal was the result of excusable neglect under Federal Rule of Civil Procedure 60. Dkt. No. 22. The Court FINDS that R.S.’s late filing was due to excusable neglect and that equitable tolling should apply. The motion to dismiss is DENIED. The parties…