Miller v. Commissioner of Social Security

Filing 16

ORDER DISCHARGING the Order to Show Cause previously issued on 5/18/2010, document 12 , as plaintiff has complied with said order, and further DIRECTING defendant to file his responsive brief by 7/1/2010; order signed by Magistrate Judge Sheila K. Oberto on 5/28/2010. (Rooney, M)

1 2 3 4 5 6 7 8 9 EASTERN DISTRICT OF CALIFORNIA 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Plaintiff's opening brief in this matter was due on May 13, 2010. On May 18, 2010, the Court issued an order to show cause ("OSC") directing Plaintiff to state good cause why the Court should not impose sanctions under Local Rule 110 for Plaintiff's failure to file an opening brief. On May 24, 2010, Plaintiff filed a response to the Court's OSC. Plaintiff's counsel stated that she miscalendared the deadline for filing the opening brief and sought leave of Court to file the opening brief. Ms. Brewer has been counsel of record in approximately 706 cases before the Eastern District. The Court does not detect a pattern of late filing or ambivalence to the Court's orders. As such, the Court will grant Plaintiff's request for an extension of time to file the opening brief, and notes that the opening brief was filed on May 27, 21010. Defendant's brief shall be filed on or before July 1, 2010. 1 MICHAEL J. ASTRUE, Commissioner of Social Security, Defendant. / v. RESPONSIVE BRIEF DUE: JULY 1, 2010 CHAD MILLER, Plaintiff, CASE NO. 1:09-cv-1101-SKO ORDER DISCHARGING ORDER TO SHOW CAUSE

UNITED STATES DISTRICT COURT

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Any requests for additional extensions of time shall be filed in a manner that complies with Local Rule 144, and shall be accompanied by a proposed order in Word or WordPerfect format that is emailed directly to chambers at [e-mail]. Accordingly, IT IS HEREBY ORDERED that: 1. 2. Defendant's responsive brief shall be filed on or before July 1, 2010. The Court's May 18, 2010, Order to Show Cause is DISCHARGED.

IT IS SO ORDERED. Dated: ie14hj May 28, 2010 /s/ Sheila K. Oberto UNITED STATES MAGISTRATE JUDGE

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