IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
December 8, 2010
ELISHA N. BRAITHWAITE,
COMMISSIONER OF SOCIAL SECURITY, DEFENDANT.
The opinion of the court was delivered by: Craig M. Kellison United States Magistrate Judge
Plaintiff, who is proceeding with retained counsel, brings this action for judicial review of a final decision of the Commissioner of Social Security under 42 U.S.C. § 405(g). On October 5, 2010, the court approved Plaintiff's second stipulation extending the time for filing a motion for summary judgment to October 15, 2010. However, by November 4, 2010, no motion for summary judgment had been filed. The court then issued an order to show cause why this action should not be dismissed for Plaintiff's failure to file a dispositive motion.
Plaintiff responded to the order to show cause by filing a response and a motion for summary judgment. Counsel indicated that opposing counsel has no objection to her late filed motion.
Good cause appearing therefor, the order to show cause is discharged, and Plaintiff's motion for summary judgment is deemed properly filed. Defendant's cross-motion for summary judgment shall be filed pursuant to the time set forth in the court's scheduling order.
IT IS SO ORDERED.
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