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Delbert E. Spain v. Michael Astrue

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


February 24, 2012

DELBERT E. SPAIN,
PLAINTIFF,
v.
MICHAEL 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

On July 7, 2011, Plaintiff filed the present action for judicial review of the denial of Social Security benefits. On February 15, 2012, this Court issued an Order to Show Cause why sanctions should not be imposed for Plaintiff's failure to file an opening brief by February 13, 2012. (Doc. 13.)

On February 23, 2012, Plaintiff filed a response to the order to show cause. (Doc. 15.) In the response, Plaintiff's counsel explained that missing the filing deadline was not purposeful; rather, it was a calendaring error whereby counsel mistakenly calculated the deadline as February 15, 2012. Further, Plaintiff's counsel indicates changes will be made to the calendaring system to ensure deadlines are properly calculated in the future. Notably, the opening brief was filed simultaneously with the response. (Doc. 14.)

Based on the foregoing, it appears that Plaintiff's failure to file an opening brief was inadvertent. Accordingly, the Order to Show Cause is hereby DISCHARGED. All remaining deadlines shall accord with those delineated in the Scheduling Order issued July 8, 2011.

IT IS SO ORDERED.

20120224

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