Biddie v. Commissioner of Social Security

Filing 19

ORDER directing response to 18 Motion for Extension of Time, signed by Magistrate Judge Dennis L. Beck on 6/27/2012. (Opposition or Statement of Non-Opposition Deadline: 7/11/2012) (Figueroa, O)

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IN THE UNITED STATES DISTRICT COURT FOR THE

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EASTERN DISTRICT OF CALIFORNIA

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DONNA J. BIDDIE,

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Plaintiff,
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vs.
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COMMISSIONER OF SOCIAL
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SECURITY,
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Defendant.
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____________________________________)

1:11cv01311 AWI DLB

ORDER DIRECTING RESPONSE TO
MOTION FOR EXTENSION OF TIME
(Doc. 18)

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On August 4, 2011, Plaintiff filed the present action for judicial review of the denial of Social
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Security benefits.
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On March 19, 2012, Plaintiff filed her opening brief. Defendant did not file a responsive
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brief. Accordingly, on May 17, 2012, the Court issued an order to show cause why sanctions should
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not be imposed for Defendant’s failure to file a brief. Defendant did not file a timely response to the
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Court’s order.
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On June 25, 2012, Defendant moved the Court to extend the time for Defendant to file a
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responsive brief to July 9, 2012. Defense counsel reports that she was assigned this case on Friday,
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June 22, 2012, and was not aware of its status until June 25, 2012. Counsel explains that this case
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was reassigned internally in January 2012 from an attorney who no longer works in the office to
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another agency attorney. However, a new notice of appearance was not filed and the second agency

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attorney was unaware that Plaintiff had filed an opening brief and that the Court had issued an order

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to show cause. Counsel indicates that she has received assignment of two other cases in similar

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circumstances. Due to the show cause order, counsel has not contacted Plaintiff’s counsel to

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determine if there are any objections to this extension.

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Based on the above, the Court DIRECTS Plaintiff to file either an opposition to the motion

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for an extension of time or a statement of non-opposition within fourteen (14) days of the date of this

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Order.

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IT IS SO ORDERED.
Dated:

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3b142a

June 27, 2012

/s/ Dennis L. Beck
UNITED STATES MAGISTRATE JUDGE

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