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Mendez v. Astrue

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


September 10, 2010

PATRICIA MENDEZ, 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 DISCHARGING ORDER TO SHOW CAUSE (Document 15)

On August 30, 2010, this Court issued an Order to Show Cause why this action should not be dismissed for Plaintiff's failure to comply with a court order. On September 9, 2010, Plaintiff timely replied to the Order to Show Cause. (Doc. 17.)

Plaintiff's counsel Thomas V. Miles explained he was unaware of the Court's modification to the parties' Stipulation and Order for Extension of Time dated June 28, 2010, wherein this Court ordered Plaintiff's opening brief be filed no later than August 25, 2010, rather than the September 28 date originally proposed by the parties. (Miles Decl., ¶ 5.) Additionally, inter alia, counsel explained he is a solo practitioner with a busy schedule who believes his client should not suffer the ultimate prejudice of a dismissal as a result of his inadvertent oversight. (Miles Decl., ¶¶ 7 & 10.)

Moreover, counsel for Plaintiff filed the opening brief concurrently with his response to the order to show cause. (See Doc. 16 & Miles Decl., ¶ 4.)

In light of the foregoing, this Court accepts Attorney Miles's explanation and DISCHARGES the Order to Show Cause.

IT IS SO ORDERED.

20100910

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