Spain v. Commissioner of Social Security

Filing 16

ORDER Discharging 13 Order to Show Cause signed by Magistrate Judge Gary S. Austin on 2/24/2012. (Figueroa, O)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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DELBERT E. SPAIN,
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Plaintiff,
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v.
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MICHAEL ASTRUE, Commissioner of
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Social Security,
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Defendant.
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_____________________________________ )

1:11-cv-01133 GSA
ORDER DISCHARGING ORDER TO
SHOW CAUSE

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On July 7, 2011, Plaintiff filed the present action for judicial review of the denial of
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Social Security benefits. On February 15, 2012, this Court issued an Order to Show Cause why
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sanctions should not be imposed for Plaintiff’s failure to file an opening brief by February 13,
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2012. (Doc. 13.)
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On February 23, 2012, Plaintiff filed a response to the order to show cause. (Doc. 15.) In
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the response, Plaintiff’s counsel explained that missing the filing deadline was not purposeful;
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rather, it was a calendaring error whereby counsel mistakenly calculated the deadline as February
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15, 2012. Further, Plaintiff’s counsel indicates changes will be made to the calendaring system
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to ensure deadlines are properly calculated in the future. Notably, the opening brief was filed
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simultaneously with the response. (Doc. 14.)
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Based on the foregoing, it appears that Plaintiff’s failure to file an opening brief was

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inadvertent. Accordingly, the Order to Show Cause is hereby DISCHARGED. All remaining

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deadlines shall accord with those delineated in the Scheduling Order issued July 8, 2011.

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IT IS SO ORDERED.
Dated:
6i0kij

February 24, 2012

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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