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Yzaguirre v. Astrue

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


August 13, 2008

STEPHANIE A. YZAGUIRRE, PLAINTIFF,
v.
MICHAEL J. ASTRUE, COMMISSIONER OF SOCIAL SECURITY, DEFENDANT.

The opinion of the court was delivered by: Gary S. Austin United States Magistrate Judge

ORDER REQUIRING PLAINTIFF TO FILE OPPOSITION OR STATEMENT OF NON OPPOSITION TO DEFENDANT'S MOTION TO DISMISS WITHIN THIRTY DAYS

(Doc. 13)

On July 7, 2008, Defendant filed a motion to dismiss for lack of subject matter jurisdiction. Plaintiff was served with the motion by mail on July 23, 2008. Pursuant to the Scheduling Order in this matter, Plaintiff was required to file any opposition to the motion within fourteen (14) days after service of the motion, but has not done so.

Accordingly, within thirty (30) days from the date of this order, Plaintiff must file an opposition or a statement of non-opposition to Defendant's motion to dismiss for lack of subject matter jurisdiction. If Plaintiff fails to comply with this order, the court will decide the motion on the merits and Defendant's moving papers.

IT IS SO ORDERED.

20080813

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