Harris v. Commissioner of Social Security

Filing 22

ORDER VACATING 18 Order to Show Cause; ORDER re 20 Stipulation for Extension of Time signed by Magistrate Judge Gary S. Austin on 4/11/2011. (Bradley, A)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10
STAN P. HARRIS,
11
12
13
14
15
16

)
)
Plaintiff,
)
)
v.
)
)
MICHAEL ASTRUE, Commissioner of
)
Social Security,
)
)
Defendants.
)
)
_____________________________________ )

1:10-cv-01220 AWI GSA
ORDER VACATING ORDER TO SHOW
CAUSE
(Document 18)
ORDER RE STIPULATION FOR
EXTENSION OF TIME
(Document 20)

17
18

On April 4, 2011, the Court issued an order to show cause why sanctions should not be

19

imposed for Defendant’s failure to file an opposition to Plaintiff’s opening brief by March 25,

20

2011. (Doc. 18.)

21

On April 7, 2011, Defendant filed a response to the order to show cause. Defendant’s

22

counsel explained that missing the filing deadline was not purposeful but was the result of an

23

oversight and a calendaring error. Counsel indicated also that the calendaring error “was due to

24

the volume of work assigned . . ..” (Doc. 19 at 2.) Defendant’s counsel noted the parties would

25

be filing a stipulation to extend the deadline for filing an opposition to no later than April 9,

26

2011. (Doc. 19 at 2; see also Doc. 20.)

27
28

1

1

Based on the foregoing, it appears that Defendant’s failure to file an opposition brief was

2

inadvertent. Accordingly, the order to show cause is hereby DISCHARGED. Defendant’s

3

request for an extension of time is GRANTED. Defendant shall file and serve the opposition

4

brief no later than April 9, 2011. Plaintiff’s reply, if any, shall be due in accordance with the

5

scheduling order.

6
7

IT IS SO ORDERED.
Dated:
i70h38

April 11, 2011

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

2