Montalvo v. Commissioner of Social Security

Filing 24

ORDER DISCHARGING Order to Show Cause (Doc. 21). ORDER GRANTING Extension of Time to File Opening Brief Nunc Pro Tunc. Defendant's opposition to the opening brief, if any, shall be filed on or before May 19, 2017. signed by Magistrate Judge Barbara A. McAuliffe on 4/21/2017. (Herman, H)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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PHILLIPS J. MONTALVO,

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Plaintiff,

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Case No. 1:16-cv-00606-BAM
ORDER DISCHARGING ORDER TO
SHOW CAUSE

v.
(Doc. 21)
NANCY A. BERRYHILL, Acting
Commissioner of Social Security,
Defendant.

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ORDER GRANTING EXTENSION OF
TIME TO FILE OPENING BRIEF NUNC
PRO TUNC

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On April 12, 2017, the Court issued an order for Plaintiff to show cause in writing why
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this action should not be dismissed for failure to prosecute. (Doc. 21).
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On April 19, 2017, Plaintiff filed a response to the order to show cause, along with a
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request for an extension of time to file an opening brief and an opening brief. (Docs. 22, 23). In
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the response, Plaintiff’s counsel explained the personal circumstances necessitating additional

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time to complete the opening brief in this action. (Doc. 22).
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Having considered counsel’s response, the Court’s Order to Show Cause issued on April

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12, 2017, is HEREBY DISCHARGED and no sanctions will be imposed.
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Additionally,

Plaintiff’s request for an extension of time to April 19, 2017 to file an opening brief is HEREBY

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GRANTED nunc pro tunc. Defendant’s opposition to the opening brief, if any, shall be filed on

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or before May 19, 2017.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

April 21, 2017

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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