Aviles v. Commissioner of SSA

Filing 11

ORDER by Judge Laporte granting 10 Motion for Extension of Time to File (edllc1, COURT STAFF) (Filed on 10/5/2010)

Aviles v. Commissioner of SSA

Doc. 11

Case3:10-cv-02242-EDL Document10

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J A M E S HUNT MILLER (St.BarCal. # 135160) P .O . Box 10891 O A K LA N D CA 94610 P :(5 1 0 ) 451-2132 F:(5 1 0 ) 451-0824 e :jim_ mille r0 @ ya ho o .c o m A tto rne y for Plaintiff

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IN THE UNITED STATES DISTRICT COURT FOR T H E NORTHERN DISTRICT OF CALIFORNIA

R o s a Linda Aviles,

) ) P la intiff, ) ) vs . ) ) C O M M IS S IO N E R OF THE ) S O C IA L SECURITY ) A D M I N IS T R A T I O N , ) ) Defendant. ) ______________________________ ) M O T IO N .

N o . 10-2242 EDL P LA IN T IFF' S UNOPPOSED M O T IO N FOR EXTENSION (w ith proposed order)

P la intiff hereby requests additional time in which to file Plaintiff's Motion for S umma ry Judgment and/or Remand. Pursuant to the procedural order, FRCiv.P R ule 6(e) (referring to Rule 5(b)(2)(d)), and Defendant's proof of service of notice o f manual filing, Plaintiff's motion was to have been filed by today. Plaintiff seeks a fo urte e n-d a y extension, or until October 18, 2010. This extension, Plaintiff's first in this case, will cause the schedule for Defendant's Cross-Motion and Plaintiff's R e p ly to be pushed back as much as 30 days. D e fe nd a nt, through counsel, stated to Plaintiff's counsel that Defendant does no t oppose this request. Plaintiff submits and requests that no hearing is necessary in this motion, as is usual in Social Security litigation (per the procedural order), and
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Dockets.Justia.com

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a ls o because Defendant would not be harmed by the extension and Defendant does no t oppose the request. R E S P E C T FU LLY SUBMITTED on this 4 th day of October, 2010.

/s /_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ J a me s Hunt Miller, Attorney for Plaintiff Ms. Aviles ORDER (PROPOSED) P U R S U A N T TO PLAINTIFF'S UNOPPOSED MOTION, IT IS ORDERED tha t Plaintiff may have a 14-day extension, or until October 18, 2010, in which to file the motion for summary judgment and/or remand.

October 5, 2010 D A T E : ___________________

__________________________________ U nite d States Magistrate Judge

M o t i o n s/j-remand ­ Aviles v. SSA - C 10-2242 EDL