Xiong v. Commissioner of Social Security

Filing 16

ORDER discharging 13 Order to Show Cause and granting 15 Stipulation to extend time signed by Magistrate Judge Dennis L. Beck on 2/27/2010. (Filing Deadline: 4/7/2010). (Lundstrom, T)

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 On May 22, 2009, Plaintiff filed the present action for judicial review of the denial of Social 18 Security benefits. 19 On February 17, 2010, the Court issued an order to show cause why the action should not be 20 dismissed for Plaintiff's failure to file an opening brief. Plaintiff responded to the order on February 21 26, 2010, and explains that the delay was due, in part, to faxing the voluntary remand brief to the 22 Assistant United States Attorney and not the Assistant Regional Counsel's Office and failing to 23 calendar the response date for the Commissioner's answer to the voluntary remand brief. 24 Plaintiff's counsel now has sent the voluntary remand letter to Assistant Regional Counsel, 25 who has requested an extension of time to respond. The parties also concurrently filed a stipulation 26 to extend the time for the Commissioner to respond to the voluntary remand letter and to extend the 27 28 1 ) ) ) ) ) Plaintiff, ) ) vs. ) ) MICHAEL J. ASTRUE, Commissioner of ) Social Security, ) ) ) Defendant. ) ____________________________________) SHOUA XIONG, 1:09cv0928 DLB ORDER DISCHARGING ORDER TO SHOW CAUSE (Document 13) ORDER GRANTING STIPULATION TO EXTEND TIME (Document 15) IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 time for Plaintiff to file an opening brief. Based on Plaintiff's response, the order to show cause is DISCHARGED. The parties' request for an extension of time is GRANTED. Defendant's response to the confidential letter brief SHALL be submitted on or before March 24, 2010. Plaintiff's opening brief shall be filed on or before April 7, 2010. IT IS SO ORDERED. Dated: 3b142a February 27, 2010 /s/ Dennis L. Beck UNITED STATES MAGISTRATE JUDGE 2

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