Pallesi v. Commissioner of Social Security

Filing 25

ORDER GRANTING defendant's ex parte request for a one-day extension to 1/30/2015 for the filing of the Commissioner's reply to plaintiff's response to defendant's motion to alter or to amend judgment, document 19 . Order signed by Magistrate Judge Sandra M. Snyder on 1/30/2014. (Rooney, M)

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1 2 3 4 5 6 7 8 BENJAMIN B. WAGNER United States Attorney DONNA L. CALVERT Regional Chief Counsel, Region IX Social Security Administration ELIZABETH FIRER Special Assistant United States Attorney 160 Spear Street, Suite 800 San Francisco, California 94105 Telephone: (415) 977-8937 Facsimile: (415) 744-0134 E-Mail: Attorneys for Defendant 9 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 FRESNO DIVISION 11 12 13 14 15 16 17 ANGELIC RENEE PALLESI, ) ) Plaintiff, ) ) v. ) ) CAROLYN W. COLVIN, ) Acting Commissioner of ) Social Security, ) ) Defendant. ) _________________________________) CIVIL NO. 1:13-CV-01813 SMS EX PARTE APPLICATION FOR LEAVE TO FILE LATE PLEADING; ORDER THEREON 18 19 20 21 TO THE HONORABLE SANDRA M. SNYDER, UNITED STATES MAGISTRATE JUDGE: Defendant, Commissioner of Social Security, files this application to file her Reply to Plaintiff’s Response to the Commissioner’s Motion to Alter or Amend Judgment Pursuant to Federal Rule of Civil 22 Procedure 59(e) one day late. Per this Court’s January 9, 2015 Order, the Commissioner’s Reply was due 23 on January 29, 2015. The undersigned counsel for the Commissioner, however, inadvertently calendared 24 25 26 27 28 the Reply for January 30, 2015. Counsel fully intended to take advantage of the Court’s Order allowing a Reply, drafted it and was ready to file it when she noticed she had made a mistake identifying the due date. Counsel sincerely apologizes for her mistake and respectfully requests that the Court accept her pleading one day late. 1 Counsel contacted Plaintiff’s attorneys by email on January 30, 2015 to ask they objected to this 2 request. Plaintiff’s attorney asserted that since Plaintiff suffers no prejudice, she takes no position on 3 whether the Court should grant or deny this request. The undersigned Counsel will file the Reply 4 simultaneously in order to avoid any further delay and respectfully requests that this application be granted. 5 6 Dated: January 30, 2015 Respectfully submitted, 7 BENJAMIN B. WAGNER United States Attorney DONNA L. CALVERT Regional Chief Counsel, Region IX Social Security Administration 8 9 10 By: /s/ Elizabeth Firer _______________________ ELIZABETH FIRER Special Assistant U.S. Attorney 11 12 13 Attorneys for Defendant 14 15 ORDER 16 17 APPROVED AND SO ORDERED. 18 19 20 DATED: 1/30/2015 /s/ SANDRA M. SNYDER UNITED STATES MAGISTRATE JUDGE 21 22 23 24 25 26 27 28 2

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