Kreisher v. Commissioner of Social Security

Filing 19

ORDER signed by Magistrate Judge Dale A. Drozd on 9/12/2012 GRANTING 17 Motion for Extension of Time to file Motion for Summary Judgment. (Zignago, K.)

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BESS M. BREWER, #100364
LAW OFFICE OF
BESS M. BREWER & ASSOCIATES
P.O. Box 5088
Sacramento, CA 95817
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Plaintiff

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IN THE UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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REBECCA KREISHER
xxx-xx-1732

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Plaintiff,

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v.

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MICHAEL J. ASTRUE
Commissioner of Social Security
of the United States of America,

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Defendant.

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Case No. CIV-12-530 DAD
MOTION FOR EXTENSION OF TIME
TO FILE BRIEF; DELCARATION AND
ORDER

NOTICE OF MOTION AND MOTION FOR EXTENSION OF TIME TO FILE BRIEF

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Plaintiff hereby moves the Court for an extension of time to September 4, 2012, to file her

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Summary Judgment Motion pursuant to Rule 6 (4) (b) of the Federal Rules of Civil Procedure. This

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motion is based on the entire record in this case including the declaration of plaintiff’s counsel as set

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forth below.

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MOTION
Plaintiff respectfully requests that the Court permit counsel to file her Summary Judgment

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Memorandum on September 4, 2012, contemporaneous with this motion, pursuant to Rule 6 (4) (b) of

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the Federal Rules of Civil Procedure. Rule 6(4)(b). Plaintiff’s motion was due August 23, 2012, but

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due to counsel’s “inadvertence, mistake and excusable neglect” the due date was incorrectly re1

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calendared for September 6, 2012, the due date for another case. Counsel became aware of the mistake

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on Friday, August 31, 2012. See, Declaration of Bess M. Brewer. Counsel apologizes to the court for

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her not timely filing Ms. Kreisher’s summary judgment motion.

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Dated: September 4, 2012

LAW OFFICE OF
BESS M. BREWER & ASSOCIATES

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By: /S/ BESS M. BREWER
BESS M. BREWER
Attorney for Plaintiff

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DECLARATION OF BESS M. BREWER

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I, Bess M. Brewer, Declare:

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1.

I am an attorney licensed the practice law in California and am admitted

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to practice before this Court. I represent the plaintiff in the above

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referenced case and submit this declaration in support of plaintiff’s

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motion for leave to file Ms. Kreisher’s brief late.

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2.

Plaintiff’s motion for summary judgment was extended to August 23,

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2012. Unfortunately, I inadvertently calendared it for September 6,

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2012, the due date for the MSJ of a different client.

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3.

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I became aware of my oversight when I began my review of Ms.
Kreisher’s case on Friday, August 31, 2012.

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I apologize to the Court for my failure to properly re calendar the due
date for Ms. Kreisher’s summary judgment motion.

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I declare under the penalty of perjury that the foregoing is true and correct to the best of my

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knowledge, and that this declaration was executed on September 4, 2012, in Sacramento, California.

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/s/ Bess M. Brewer

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BESS M. BREWER

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ORDER

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APPROVED AND SO ORDERED.

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DATED: September 12, 2012.

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Ddad1\orders.soc sec\kreisher0530.prop.eot.ord.wpd

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