Ogundimo v. Commissioner of Social Security

Filing 34

ORDER Granting Leave to File Late Brief 31 signed by Magistrate Judge Gary S. Austin on 3/5/2010. (Esteves, C)

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1 2 3 4 5 6 7 8 9 10 BENJAMIN WAGNER Acting United States Attorney LUCILLE GONZALES MEIS Regional Chief Counsel, Region IX Social Security Administration ELIZABETH FIRER Special Assistant United States Attorney 333 Market Street, Suite 1500 San Francisco, California 94105 Telephone: (415) 977-8943 Facsimile: (415) 744-0134 E-Mail: Elizabeth.Firer@ssa.gov Attorneys for Defendant UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA FRESNO DIVISION 11 12 13 14 15 16 17 18 19 20 21 22 of the undersigned counsel's personal difficulties related to a robbery, the Commissioner's response was 23 due March 2, 2010. The undersigned counsel was unable to complete the brief within that time frame. 24 25 26 27 28 This was due to an unanticipated work obligations regarding defective transcripts in other cases, which /// /// /// TO THE HONORABLE GARY S. AUSTIN, UNITED STATES MAGISTRATE JUDGE: Defendant, Commissioner of Social Security, files this application to file his responsive brief late, concurrent with this application. Following an extension granted on February 17, 2010 in the wake CARLOTTA OGUNDIMO, ) ) Plaintiff, ) ) v. ) ) MICHAEL J. ASTRUE, ) Acting Commissioner of ) Social Security, ) ) Defendant. ) _________________________________) CIVIL NO. 1:09-CV-00230 GSA EX PARTE APPLICATION FOR LEAVE TO FILE LATE BRIEF 1 2 3 4 5 6 7 8 9 10 11 12 had to be addressed immediately. Counsel should have sought a second extension and apologizes for the oversight. In the interests of moving this case forward without further delay, she seeks to file the Commissioner's brief late rather than seek an extension that would have to be effective nunc pro tunc. Counsel respectfully requests that this application be granted. Dated: March 5, 2010 Respectfully submitted, BENJAMIN WAGNER United States Attorney LUCILLE GONZALES MEIS Regional Chief Counsel, Region IX Social Security Administration By: /s/ Elizabeth Firer _______________________ ELIZABETH FIRER Special Assistant U.S. Attorney Attorneys for Defendant 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 ORDER IT IS SO ORDERED. Dated: i70h38 March 5, 2010 /s/ Gary S. Austin UNITED STATES MAGISTRATE JUDGE

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