Carter v. Commissioner of Social Security

Filing 39

Motion for Extension of Time to Respond to Plaintiff's Application for Award of Attorney's Fees and Cost under EAJA and ORDER - signed by Judge Sandra M. Snyder on 1/8/2009. (Herman, H)

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McGREGOR W. SCOTT United States Attorney LUCILLE GONZALES MEIS Regional Chief Counsel, Region IX Social Security Administration AMITA BAMAN TRACY Special Assistant United States Attorney 333 Market Street, Suite 1500 San Francisco, California 94105 Telephone: [phone] Facsimile: [phone] E-Mail: [e-mail] Attorneys for Defendant UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA FRESNO DIVISION

MILDRED CARTER,

) ) Plaintiff, ) ) v. ) ) MICHAEL J. ASTRUE, ) Acting Commissioner of ) Social Security, ) ) Defendant. ) _________________________________)

CIVIL NO. 1:07-cv-00045-LJO-SMS MOTION FOR EXTENSION OF TIME TO RESPOND TO PLAINTIFF'S APPLICATION FOR AWARD OF ATTORNEY'S FEES AND COSTS UNDER THE EQUAL ACCESS TO JUSTICE ACT [28 U.S.C. § 2412(d)] AND ORDER

Defendant, through his attorney undersigned, moves this Court for an Order granting Defendant an extension for an additional 15 days to respond to Plaintiff's motion for Award of Attorney's Fees and Costs under the Equal Access to Justice Act [28 U.S.C. § 2412(d)], up to and including January 20, 2009. Defendant requests the extension due to his counsel's approved leave schedule. Counsel for Defendant, Special Assistant United States Attorney Amita B. Tracy, has been on approved leave and out of the office since December 22, 2008, and she will return to the office on January 5, 2009. The extension of time will permit the parties to meet and confer in an attempt to resolve the issue and, if not

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resolved, will permit the Defendant to prepare an adequate response. The current due date is January 5, 2009. The new due date will be January 20, 2009. In an email dated December 19, 2008, sent at 6:17 p.m., Plaintiff's Counsel indicated that he would not oppose an extension through and until January 20, 2009. Plaintiff's Counsel has since been out of the office and will not return until January 5, 2009, which is why this motion could not be submitted as a stipulation. Respectfully submitted,

Dated: December 30, 2008

McGREGOR W. SCOTT United States Attorney LUCILLE GONZALES MEIS Regional Chief Counsel, Region IX Social Security Administration By: /s/ Michael A. Cabotaje for Amita Baman Tracy* _______________________ Amita Baman Tracy Special Assistant U.S. Attorney Attorneys for Defendant [*as authorized by telephone on December 30, 2008]

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ORDER

/s/ Sandra M. Snyder UNITED STATES MAGISTRATE JUDGE

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