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Ogundimo v. Astrue

March 5, 2010

CARLOTTA OGUNDIMO, PLAINTIFF,
v.
MICHAEL J. ASTRUE, ACTING COMMISSIONER OF SOCIAL SECURITY, DEFENDANT.



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

EX PARTE APPLICATION FOR LEAVE TO FILE LATE BRIEF

TO THE HONORABLE GARY S. AUSTIN, UNITED STATES MAGISTRATE JUDGE

Defendant, Commissioner of Social Security, files this application to file his responsive brief late, concurrent with this application. Following an extension granted on February 17, 2010 in the wake of the undersigned counsel's personal difficulties related to a robbery, the Commissioner's response was due March 2, 2010. The undersigned counsel was unable to complete the brief within that time frame.

This was due to an unanticipated work obligations regarding defective transcripts in other cases, which had to be addressed immediately. Counsel should have sought a second extension and apologizes for the oversight. In the interests of moving this case forward without further delay, she seeks to file the Commissioner's brief late rather than seek an extension that would have to be effective nunc pro tunc.

Counsel respectfully requests that this application be granted.

Dated: March 5, 2010

Respectfully submitted,

BENJAMIN WAGNER United States Attorney LUCILLE GONZALES MEIS Regional Chief Counsel, Region IX Social Security Administration

By: ELIZABETH FIRER Special Assistant U.S. Attorney Attorneys for Defendant

ORDER

IT IS SO ORDERED.

20100305

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