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Alvarez v. Astrue

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


February 16, 2010

MICHAEL J. ALVAREZ, 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 VACATING ORDER TO SHOW CAUSE ORDER GRANTING EXTENSION OF TIME WITHIN WHICH TO FILE OPENING BRIEF

On February 1, 2010, this Court issued an issued an Order to Show Cause why this action should not be dismissed for Plaintiff's failure to comply with a court order. On or about February 10, 2010, Plaintiff timely replied to the Order to Show Cause.

Plaintiff indicated that he timely prepared his confidential letter brief in accordance with the scheduling order, yet incorrectly forwarded the document to the "Fresno Court Address," rather than to counsel for Defendant. Plaintiff indicated he has since been in contact with counsel for Defendant. He has received a written response from Defendant indicating that a settlement between the parties could not be reached. Finally, Plaintiff seeks an extension of time of thirty (30) additional days within which to file his motion for summary judgment or opening brief.

In light of the foregoing, this Court accepts Plaintiff's explanation and VACATES the Order to Show Cause. Also, consistent with Plaintiff's response received February 10, 2010, this Court GRANTS Plaintiff's request for an extension of time, through and including March 18, 2010, within which to file his opening brief or motion for summary judgment.

IT IS SO ORDERED.

20100216

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