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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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: [phone]
Facsimile: [phone]
E-Mail: [e-mail]
Attorneys for Defendant

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA

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FRESNO DIVISION
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ANGELIC RENEE PALLESI,

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Plaintiff,
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v.
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CAROLYN W. COLVIN,
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Acting Commissioner of
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Social Security,
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Defendant.
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_________________________________)

CIVIL NO. 1:13-CV-01813 SMS
EX PARTE APPLICATION FOR LEAVE TO
FILE LATE PLEADING; ORDER THEREON

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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

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Procedure 59(e) one day late. Per this Court’s January 9, 2015 Order, the Commissioner’s Reply was due
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on January 29, 2015. The undersigned counsel for the Commissioner, however, inadvertently calendared
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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.

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Counsel contacted Plaintiff’s attorneys by email on January 30, 2015 to ask they objected to this

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request. Plaintiff’s attorney asserted that since Plaintiff suffers no prejudice, she takes no position on

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whether the Court should grant or deny this request. The undersigned Counsel will file the Reply

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simultaneously in order to avoid any further delay and respectfully requests that this application be granted.

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Dated: January 30, 2015

Respectfully submitted,

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BENJAMIN B. WAGNER
United States Attorney
DONNA L. CALVERT
Regional Chief Counsel, Region IX
Social Security Administration

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By:
/s/ Elizabeth Firer
_______________________
ELIZABETH FIRER
Special Assistant U.S. Attorney

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Attorneys for Defendant

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ORDER

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APPROVED AND SO ORDERED.

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DATED: 1/30/2015

/s/ SANDRA M. SNYDER
UNITED STATES MAGISTRATE JUDGE

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