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Lim v. Astrue

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA SACRAMENTO DIVISION


November 3, 2010

NOEMI LIM, PLAINTIFF,
v.
MICHAEL J. ASTRUE, COMMISSIONER OF SOCIAL SECURITY, DEFENDANT.

STIPULATION FOR EXTENSION OF TIME AND ORDER

The parties hereby stipulate by counsel, with the Court's approval as indicated by issuance of the attached Order, that Defendant shall have an extension of time until November 5, 2010 in which to respond to Plaintiff's motion for summary judgment. On October 18, 2010, the undersigned Counsel for the Commissioner filed an ex parte motion for an extension of time up to and including November 17, 2010. On November 1, 2010, this Court denied, without prejudice, Counsel's motion because Counsel had not explained why the motion was filed ex parte.

Counsel inadvertently failed to explain that she had asked opposing counsel, via email, if there was any objection to the extension request, but had not received a response by the time of the original due date and, therefore, filed the motion ex parte. Counsel apologizes to the Court for the inconvenience. Upon receiving the Court's denial, Counsel for the Commissioner called Plaintiff's Counsel and spoke with one of her partners. Counsel for the Commissioner explained what had happened and noted that the Commissioner's brief is being completed by a new attorney in the Commissioner's San Francisco office and that said brief is almost complete. The parties then agreed to a stipulation of time until Friday, November 5, 2010 for the Commissioner to file his response to Plaintiff's motion for summary judgment.

Dated: November 1, 2010

ORDER

APPROVED AND SO ORDERED.

20101103

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