Free Motion for Extension of Time to File Answer - District Court of Delaware - Delaware

Case 1:08-cv-00175-SLR

Document 10-2

Filed 08/15/2008

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE BELINDA L. TOMPKINS, Plaintiff, v. MICHAEL J. ASTRUE, Commissioner of Social Security, Defendant. ) ) ) ) ) ) ) ) ) ) )

CIVIL ACTION NO. 08-0175-SLR

DEFENDANT'S MOTION FOR AN ENLARGEMENT OF TIME TO FILE HER ANSWER TO PLAINTIFF'S COMPLAINT Defendant, Michael J. Astrue, Commissioner of Social Security, by his attorneys, Colm F. Connolly, United States Attorney for the District of Delaware, and Dina White Griffin, Special Assistant United States Attorney for the same District, hereby moves the Court for an Enlargement of Time, extending the time for Defendant to file his answer to Plaintiff's complaint, and assigns the following reasons in support thereof: 1. The complaint was filed on March 28, 2008. However, the

Defendant was never served with a copy of the summons and complaint. 2. The Commissioner will file its answer to Plaintiff's

complaint upon receiving a complete copy of the administrative record from The Office of Disability Adjudication and Review (ODAR). 3. Defendant has contacted Plaintiff's counsel, John S.

Grady, Esquire, who has no objections to the motion.

Case 1:08-cv-00175-SLR

Document 10-2

Filed 08/15/2008

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WHEREFORE, Defendant moves the Court for an Order, directing that the Commissioner be allowed to file his Answer to Plaintiff's Complaint on, or before, October 10, 2008. Respectfully submitted,

By:/s/Dina White Griffin DINA WHITE GRIFFIN SPECIAL ASSISTANT UNITED STATES ATTORNEY Office of the General Counsel Social Security Administration P.O. Box 41777 Philadelphia, Pennsylvania 19101 215-597-1851 215-597-4662 (FAX) OF COUNSEL: Michael McGaughran Regional Chief Counsel, Region III Office of the General Counsel Social Security Administration

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Case 1:08-cv-00175-SLR

Document 10-2

Filed 08/15/2008

Page 3 of 4

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE BELINDA L. TOMPKINS, Plaintiff, v. MICHAEL J. ASTRUE, Commissioner of Social Security, Defendant. ) ) ) ) ) ) ) ) ) ) ) ORDER AND NOW, this _____ day of _________________, 2008, upon consideration of Defendant's Motion for an Enlargement of Time, it is hereby ORDERED that the time in which Defendant may file his Answer to Plaintiff's complaint is enlarged to October 10, 2008.

CIVIL ACTION NO. 08-0175-SLR

BY THE COURT:

______________________________ J.

Case 1:08-cv-00175-SLR

Document 10-2

Filed 08/15/2008

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CERTIFICATE OF SERVICE I hereby certify that I have this 15th day of August, 2008, electronically filed Defendant's Motion for an Enlargement of Time with the Clerk of the Court using the CM/ECF system, which will send notification of such filing to the following: John S. Grady, Esquire, Grady and Hampton, 6 North Bradford Street, Dover, Delaware 19901, counsel for Plaintiff.

/s/Dina White Griffin DINA WHITE GRIFFIN SPECIAL ASSISTANT UNITED STATES ATTORNEY

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