Randall v. Commissioner of Social Security

Filing 20

ORDER Granting Plaintiff's request for leave to file late brief, 19 , Nunc Pro Tunc, signed by Magistrate Judge Sheila K. Oberto on 6/8/2010. (Timken, A)

1 2 3 4 5 6 7 8 9 EASTERN DISTRICT OF CALIFORNIA 10 11 12 13 14 15 Defendant. 16 17 Plaintiff's reply brief in this matter was to be filed on or before May 24, 2010. Plaintiff did 18 not file his brief until May 26, 2010. Contemporaneously with his reply brief, Plaintiff filed a 19 request for leave to file the brief after the deadline. Plaintiff's filing was directed to Magistrate Judge 20 Gary S. Austin. Plaintiff requests leave to file his "opening brief late." On May 27, 2010, the Court 21 Clerk's office docketed a Notice requiring that a proposed order be sent to Magistrate Judge Sheila 22 K. Oberto with regard to Plaintiff's request to file his brief beyond the deadline, as this case was 23 reassigned to Judge Oberto on April 7, 2010. The order of reassignment of the case to Judge Oberto 24 is Docket No. 13. 25 On June 2, 2010, Plaintiff's counsel re-filed his request for leave to file a brief beyond the 26 deadline. Once again, Plaintiff requests to file his "opening brief late." Plaintiff's opening brief was 27 filed on April 8, 2010. Defendant's response was filed on May 7, 2010. The Court presumes that 28 1 / v. MICHAEL J. ASTRUE, Commissioner of Social Security, BRIAN L. RANDALL, Plaintiff, CASE NO. 1:09-cv-1439 ORDER GRANTING PLAINTIFF'S REQUEST FOR LEAVE TO FILE LATE BRIEF NUNC PRO TUNC Docket Nos. 16, 19

UNITED STATES DISTRICT COURT

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Plaintiff is actually requesting to file his reply brief past the deadline. The Court encourages and expects counsel to review the docket and the substance of any documents he files, as this assists the Court in undertaking its review of the matter. Accordingly, IT IS SO ORDERED that Plaintiff's motion to file a reply brief past the deadline is GRANTED nunc pro tunc, and plaintiff's reply shall be deemed filed.

IT IS SO ORDERED. Dated: ie14hj June 8, 2010 /s/ Sheila K. Oberto UNITED STATES MAGISTRATE JUDGE

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