Urbano v. Commissioner of Social Security

Filing 21

ORDER signed by Magistrate Judge Edmund F. Brennan on 6/3/11, ORDERING that the Order to Show Cause 18 is DISCHARGED and plaintiff's motion for summary judgment 20 is deemed timely filed. (Kastilahn, A)

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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 CARLOS URBANO, 11 Plaintiff, 12 13 No. CIV S-10-2007 EFB vs. MICHAEL J. ASTRUE, 14 Defendant. ORDER / 15 The above-captioned action is proceeding before the undersigned pursuant to the consent 16 17 of the parties. E.D. Cal. L.R. 305; Fed. R. Civ. P. 73. On May 2, 2011, the undersigned issued 18 an order requiring plaintiff to show cause why he should not be sanctioned for failure to timely 19 file a motion for summary judgment and/or remand, and directing plaintiff to file a motion for 20 summary judgment and/or remand on or before May 23, 2011. Dckt. No. 18. On May 23, 2011, plaintiff’s counsel filed a response to the order to show cause, 21 22 acknowledging her failure and apologizing for her oversight. Dckt. No. 19. Also on May 23, 23 2011, plaintiff filed a motion for summary judgment. Dckt. No. 20. 24 //// 25 //// 26 //// 1 1 Accordingly, IT IS HEREBY ORDERED that the May 2, 2011 order to show cause, 2 Dckt. No. 18, is discharged and plaintiff’s motion for summary judgment, Dckt. No. 20, is 3 deemed timely filed. 4 SO ORDERED. 5 DATED: June 3, 2011. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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