IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA
October 5, 2010
ROSA LINDA AVILES, PLAINTIFF,
COMMISSIONER OF THE SOCIAL SECURITY ADMINISTRATION, DEFENDANT.
PLAINTIFF'S UNOPPOSED MOTION FOR EXTENSION MOTION.
(with proposed order)
Plaintiff hereby requests additional time in which to file Plaintiff's Motion for Summary Judgment and/or Remand. Pursuant to the procedural order, FRCiv.P Rule 6(e) (referring to Rule 5(b)(2)(d)), and Defendant's proof of service of notice of manual filing, Plaintiff's motion was to have been filed by today. Plaintiff seeks a fourteen-day extension, or until October 18, 2010. This extension, Plaintiff's first in this case, will cause the schedule for Defendant's Cross-Motion and Plaintiff's Reply to be pushed back as much as 30 days.
Defendant, through counsel, stated to Plaintiff's counsel that Defendant does not oppose this request. Plaintiff submits and requests that no hearing is necessary in this motion, as is usual in Social Security litigation (per the procedural order), and also because Defendant would not be harmed by the extension and Defendant does not oppose the request.
RESPECTFULLY SUBMITTED on this 4th day of October, 2010.
James Hunt Miller, Attorney for Plaintiff Ms. Aviles
PURSUANT TO PLAINTIFF'S UNOPPOSED MOTION, IT IS ORDERED that Plaintiff may have a 14-day extension, or until October 18, 2010, in which to 10 file the motion for summary judgment and/or remand.
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