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JANICE POWELL, Plaintiff v. KENNETH S. APFEL, Defendant.

ORDER DISCHARGING ORDER TO SHOW CAUSE

MAXINE M. CHESNEY, District Judge

Before the Court is plaintiff's response to the Court's order to show cause why the action should not be dismissed for failure to prosecute. Counsel for plaintiff declares that the failure to file a motion for summary judgment was the result of an inadvertent failure to calendar. Plaintiff has since filed her motion for summary judgment.

The Court finds that plaintiff has shown she is prosecuting her action. Accordingly, the order to show cause is hereby DISCHARGED.

Defendant shall file its opposition or counter-motion within the time required by Civil Local Rule 16-1(e).

IT IS SO ORDERED.

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POWELL v. APFEL, (N.D.Cal. 2000)
(Dec 4, 2000)