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Barnes v. Commissioner of Social Security, 2:18-cv-00611-DMC. (2019)

Court: District Court, E.D. California Number: infdco20190130986 Visitors: 5
Filed: Jan. 29, 2019
Latest Update: Jan. 29, 2019
Summary: ORDER FOR EXTENSION OF TIME [Fed.R.Civ.P. 6] DENNIS M. COTA , Magistrate Judge . WHEREAS, this Court previously granted an extension of time for Plaintiff to file her motion for summary judgment, up to and including January 18, 2019; WHEREAS, Plaintiff's Counsel of Record, Robert C. Weems, requires a brief extension of time to finalize plaintiff's motion for summary judgment, having had an unanticipated matter to which he had to personally attend for a client at the Trinity County Superior
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ORDER FOR EXTENSION OF TIME [Fed.R.Civ.P. 6]

WHEREAS, this Court previously granted an extension of time for Plaintiff to file her motion for summary judgment, up to and including January 18, 2019;

WHEREAS, Plaintiff's Counsel of Record, Robert C. Weems, requires a brief extension of time to finalize plaintiff's motion for summary judgment, having had an unanticipated matter to which he had to personally attend for a client at the Trinity County Superior Court, Weaverville on January 16, 2019, making him temporary unavailable to complete work on the motion due to travel;

WHEREAS, Defendant's Counsel of Record does not believe that a brief delay to permit Mr. Weems to finalize Plaintiff's motion will prejudice the Commissioner; and,

WHEREAS, Mr. Weems anticipates he can finalize Plaintiff's motion in not more than five (5) calendar days, of which only two (2) are Court days and is not requesting this extension for an improper purpose but to meet his professional obligations to this Court. See, FRCP 11; Unioil, Inc. v. E.F. Hutton & Co., 809 F.2d 548, 558 (9th Cir. 1986).

NOW, WHEREFORE, the Parties agree good cause exists for and, subject to the Court's approval, stipulate to a 5-day extension of time for Plaintiff to file her motion for summary judgment in this action. The revised due date for the filing of plaintiff's motion for summary judgment is January 23, 2019.

Given the brief delay in processing this stipulation, and good cause appearing therefor, the date for filing plaintiff's motion for summary judgment is extended to January 31, 2019. IT IS SO ORDERED.

Source:  Leagle

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