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Pierce v. Commissioner of Social Security, 1:14-CV-01687-BAM. (2015)

Court: District Court, E.D. California Number: infdco20150820710 Visitors: 8
Filed: Aug. 19, 2015
Latest Update: Aug. 19, 2015
Summary: ORDER GRANTING PLAINTIFF'S REQUEST FOR AN EXTENSION OF TIME NUNC PRO TUNC BARBARA A. McAULIFFE , Magistrate Judge . The parties hereby stipulate by counsel, with the Court's approval as indicated by issuance of the attached Order, that Plaintiff shall have a second extension of time to file Plaintiff's confidential memo. Counsel for the Plaintiff was out of country with limited email access and relied upon another attorney to send the confidential memo on her behalf. Opposing counsel infor
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ORDER GRANTING PLAINTIFF'S REQUEST FOR AN EXTENSION OF TIME NUNC PRO TUNC

The parties hereby stipulate by counsel, with the Court's approval as indicated by issuance of the attached Order, that Plaintiff shall have a second extension of time to file Plaintiff's confidential memo.

Counsel for the Plaintiff was out of country with limited email access and relied upon another attorney to send the confidential memo on her behalf. Opposing counsel informed us that she did not receive it. Counsel sent the confidential memo to opposing counsel after she was informed of this. Parties stipulate that the service of the confidential memo on July 17, 2015 was timely.

The parties stipulate that the Court's Scheduling Order shall be modified accordingly.

ORDER

On August 18, 2015, Plaintiff filed a stipulation for a second extension of time to serve his confidential letter brief nunc pro tunc. (Doc. 12.) Plaintiff asserts that at the time the confidential letter brief was due he was out of the country with limited email access, and as a result, counsel missed the May 30, 2015, due date. (Doc. 12.) However, Plaintiff sent the confidential brief to Defendant on July 17, 2015.

Based upon the stipulation of the parties, IT IS HEREBY ORDERED that Plaintiff's motion shall be granted nunc pro tunc and Plaintiff's confidential letter brief, filed July 17, 2015, shall be deemed timely. All other deadlines set forth in the October 29, 2014, Case Management Order are modified accordingly. (Doc. 6.)

IT IS SO ORDERED.

Source:  Leagle

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