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Ryness v. Astrue

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


July 29, 2009

MOLLIE F. RYNESS, PLAINTIFF,
v.
MICHAEL J. ASTRUE, COMMISSIONER OF SOCIAL SECURITY, DEFENDANT.

ORDER

Ian M. Sammis, plaintiff's attorney of record, has moved for leave to withdraw as counsel for plaintiff Mollie F. Ryness. The court's docket reflects that the motion has been set for hearing on August 28, 2009, at 10:00 a.m. in Courtroom 27. The motion itself does not set forth the hearing date and time, and the court is unable to determine whether counsel has given plaintiff Ryness proper notice of the hearing date and time. In the interest of resolving the motion expeditiously, plaintiff Ryness is hereby notified that the undersigned will hear counsel's motion on August 28, 2009, at 10:00 a.m. in Courtroom 27.

Attorney Sammis and plaintiff Ryness shall appear at the hearing of counsel's motion to withdraw, either in person or by telephone. Telephonic appearance may be arranged by contacting Pete Buzo, the courtroom deputy of the undersigned magistrate judge, at (916) 930-4128 at least 48 hours prior to the hearing.

If plaintiff Ryness opposes counsel's motion, she must state her opposition in a writing filed with the court and served on her attorney of record on or before August 18, 2009. Any reply shall be filed and served by counsel on or before August 25, 2009. If plaintiff Ryness does not oppose counsel's motion, she must file and serve a statement of non-opposition on or before August 18, 2009. Regardless of whether plaintiff Ryness files opposition or a statement of non-opposition, she must appear at the hearing. Plaintiff Ryness is cautioned that failure to file opposition or a statement of non-opposition, or failure to appear at the hearing, will result in a recommendation that this case be dismissed by the district judge assigned to this case.

Accordingly, IT IS ORDERED that:

1. Attorney Ian M. Sammis's motion for leave to withdraw as counsel for plaintiff Mollie F. Ryness will be heard in Courtroom 27 on August 28, 2009, at 10:00 a.m.;

2. Attorney Sammis and plaintiff Ryness shall appear at the hearing. A person who wishes to arrange for telephonic appearance shall contact Pete Buzo, the courtroom deputy of the undersigned magistrate judge, at (916) 930-4128 at least 48 hours prior to the hearing;

3. Plaintiff Ryness shall file and serve opposition or a statement of non-opposition to counsel's motion on or before August 18, 2009, and any reply shall be filed and served by counsel on or before August 25, 2009;

4. Plaintiff Ryness is cautioned that failure to file opposition or a statement of non-opposition, or failure to appear at the hearing, may result in dismissal of this case; and

5. The Clerk of the Court shall serve a copy of this order on Mollie F. Ryness at 2658 Tremonto Road, Anderson, California 96007.

20090729

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