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Smith v. Astrue

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


April 5, 2010

CHRISTINE J. SMITH, PLAINTIFF,
v.
MICHAEL J. ASTRUE, COMMISSIONER OF SOCIAL SECURITY, DEFENDANT.

ORDER

On February 25, 2010, this court ordered plaintiff to show cause why this case should not be dismissed and why plaintiff and/or plaintiff's counsel should not be sanctioned as a result of plaintiff's failure to timely file a motion for summary judgment and/or remand. Dckt. No. 21. On March 26, 2010, plaintiff filed a response to the order to show cause, indicating that the failure was inadvertent and negligent, requesting leave to file a late summary judgment motion, and stating that opposing counsel did not oppose the late filing. Dckt. No. 22. Also, on March 29, 2010, plaintiff filed a motion for summary judgment. Dckt. No. 23. In light of plaintiff's filings, the request for leave to file a late summary judgment motion is granted and the February 25, 2010 order to show cause is discharged.

SO ORDERED.

20100405

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