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Diamond La'shay Hart v. Michael J. Astrue

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


January 28, 2013

DIAMOND LA'SHAY HART, PLAINTIFF,
v.
MICHAEL J. ASTRUE, COMMISSIONER OF SOCIAL SECURITY, DEFENDANT.

The opinion of the court was delivered by: Allison Claire United States Magistrate Judge

ORDER

On July 3, 2012, the previously assigned magistrate judge issued a scheduling order setting forth the deadline for filing the administrative record and answer to the complaint. ECF No. 7. The scheduling order also provided the deadlines for the parties to file motions for summary judgment. Id. However, on December 11, 2012, defendant filed a motion to dismiss this action as untimely. EFC No. 17. Accordingly, the deadlines set forth in the July 3 scheduling order are suspended*fn1 and the following briefing schedule issues:

1. On or before February 26, 2013, plaintiff shall file an opposition or statement of non-opposition to defendant's motion to dismiss; and

2. On or before March 26, 2013, defendant may file a reply to any opposition filed by plaintiff;

SO ORDERED.


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