Scott v. Commissioner of Social Security
Filing
15
ORDER SETTING NEW BRIEFING SCHEDULE. Signed by Judge Alsup on October 20, 2009. (whalc1, COURT STAFF) (Filed on 10/20/2009) (Additional attachment(s) added on 10/20/2009: # 1 Certificate of Service) (dt, COURT STAFF).
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1 2 3 4 5 6 7 8 9 10 MERCEDES F. SCOTT, Plaintiff, v. MICHAEL J. ASTRUE, COMMISSIONER OF SOCIAL SECURITY, Defendant. / ORDER SETTING NEW BRIEFING SCHEDULE No. C 09-01165 WHA IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA
United States District Court
11
For the Northern District of California
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The Court has received plaintiff's letter responding to the order to show cause. Because plaintiff has sufficiently explained why she did not file her summary judgment motion earlier, the deadline is hereby extended to NOVEMBER 20, 2009. If no motion is filed by this date, the case shall be dismissed for failure to prosecute, pursuant to Rule 41(b) of the Federal Rules of Civil Procedure. By that time, plaintiff must submit a detailed written explanation of why she believes the conclusions of the Administrative Law Judge (1) were not supported by substantial evidence, (2) contained errors of law, or (3) demonstrated an abuse of discretion. Plaintiff may, but need not, submit new evidence in support of her summary judgment motion, as our review of the ALJ's decision will be based on the administrative record. After plaintiff files her summary judgment motion, defendant will then have thirty days to file an opposition. Plaintiff should be aware that she will need to respond with a reply brief within fourteen days of defendant's opposition. The matter will then be deemed submitted for
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consideration without oral argument. Plaintiff is further advised to seek legal representation to help her during this process.
IT IS SO ORDERED.
Dated: October 20, 2009.
WILLIAM ALSUP UNITED STATES DISTRICT JUDGE
United States District Court
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For the Northern District of California
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