Simmons

1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 NORTHERN DISTRICT OF CALIFORNIA 9

10 R.S., Case No. 19-cv-00215-NC 11 Plaintiff, ORDER DENYING 12 DEFENDANT’S MOTION TO v. DISMISS, ORDERING CROSS- 13 MOTIONS FOR SUMMARY

ANDREW M. SAUL, JUDGMENT

14 Defendant. Re: Dkt. No. 15 15 16 Plaintiff R.S. filed a complaint against Commissioner of Social Security Andrew M. 17 Saul1 alleging that he was wrongfully denied disability benefits. Dkt. Nos. 1, 3. The 18 Commissioner moved to dismiss, arguing that R.S.’s motion was filed outside the 60-day 19 appeals window without a request for an extension of time. Dkt. No. 15. R.S. opposed the 20 motion to dismiss, arguing that his late appeal was the result of excusable neglect under 21 Federal Rule of Civil Procedure 60. Dkt. No. 22. The Court FINDS that R.S.’s late filing 22 was due to excusable neglect and that equitable tolling should apply. The motion to 23 dismiss is DENIED. The parties…