McCune v. Astrue

Filing 35

ORDER REGARDING BRIEFING ON THE PLAINTIFF'S MOTION TO CORRECT THE RECORD. The Court deems defendant's late filing of Response as a Motion for Extension of Time to file defendant's Response. Defendant's Motion for Extension of Time noted for 1/7/2011 and Plaintiff's MOTION to Correct the Record 24 RE-NOTED for 1/7/2011, by Judge J Richard Creatura. (SC)

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UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON TACOMA DIVISION CHRISTINA MCCUNE, Plaintiff, vs. MICHAEL J. ASTRUE, Commissioner of Social Security, Defendant. This matter has been referred to Magistrate Judge J. Richard Creatura pursuant to 28 U.S.C. § 636(b)(1) and Local Magistrates Rule MJR 4(a)(4); and, as authorized by Mathews, Secretary of H.E.W. v. Weber, 423 U.S. 261, 271-72 (1976). This matter is before this Court on Plaintiff's Motion to Correct the Record. (ECF No. 24.) Defendant filed a response on December 16, 2010. (ECF No. 33.) On November 17, 2010, plaintiff filed a Motion to Correct the Record. (ECF No. 24.) On December 1, 2010, this Court granted the Agreed Motion for Extension of Time to file Response to plaintiff's Motion to Correct the Record (ECF No. 26), giving defendant until December 13, Civil No. 3:10-CV-05074-RJB JRC ORDER REGARDING BRIEFING ON PLAINTIFF'S MOTION TO CORRECT THE RECORD Noting Date: January 7, 2011

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2010 to file its Response. (ECF No. 28.) Defendant filed said Response on December 16, 2010. (ECF No. 33.) The Court deems defendant's late filing of his Response as a Motion for Extension of Time to file defendant's Response. Cf. United States v. O'Malley, 1986 U.S. Dist. LEXIS 16390 at *3 (N.D. Ill. 1986) ("[t]he court deems the request as a motion for an extension of time"). (See also ECF No. 33.) Accordingly, IT IS HEREBY ORDERED: 1) Defendant shall have until December 28, 2010 to file a brief in support of its

Motion for Extension of Time (see ECF No. 33), although not required to do so; 2) Plaintiff shall have until January 4, 2011 to file any response to defendant's

request for extension of time; 3) 4) Defendant shall have until January 6, 2011 to file a reply; This matter, i.e., defendant's Motion for Extension of Time (see ECF No. 33),

shall be noted for January 7, 2011; and, 5) Plaintiff's Motion to Correct the Record (ECF No. 24) shall be renoted for

January 7, 2011. The clerk is directed to set defendant's Motion for Extension of Time to File Response (see ECF No. 33), as well as plaintiff's Motion to Correct the Record (ECF No. 24), on January 7, 2011, as noted in the caption. DATED this 21st day of December, 2010.

A
J. Richard Creatura United States Magistrate Judge
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