Clifford L. Edwards v. Commissioner of Social Security

Filing 17

ORDER for extension of time to respond to opening brief. Order signed by Magistrate Judge Dennis L. Beck on 5/6/2010. (Hernandez, M)

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BENJAMIN B. WAGNER United States Attorney LUCILLE GONZALES MEIS Regional Chief Counsel, Region IX Social Security Administration ELIZABETH FIRER 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

11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 CLIFFORD EDWARDS, ) ) Plaintiff, ) ) v. ) ) MICHAEL J. ASTRUE, ) Commissioner of ) Social Security, ) ) Defendant. ) _________________________________)

CIVIL NO. 1:09-CV-01002 DLB MOTION FOR EXTENSION OF TIME AND ORDER

Defendant, through his undersigned attorney, moves for a FIRST extension of time of 37 days, up to and including May 14, 2010, in which to respond to Plaintiff's opening brief. The undersigned attorney for the Commissioner originally miscalendared the brief due date for April 19, 2010. Even with that mistake, she was unable to complete the brief, and, on April 20, 2010, via email, Plaintiff's attorney agreed to an extension until April 23, 2010. However, the Commissioner's attorney was unable to complete the brief by April 23, 2010. This is due to the fact that she has unexpectedly missed work due to illness and is also going to be out of the office from April 26 until May 10, 2010 and has thus had to complete a substantial amount of work prior to her departure including briefs that had previously been extended. The Commissioner's attorney emailed Plaintiff's counsel with her updated extension request late on Thursday, April 22, 2010, and called counsel's office on Friday, April 23, 2010, but Plaintiff's

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counsel's office closes early on Fridays. Thus, the parties have not been able to contact each other in regard to the updated extension request and the Commissioner's attorney was unable to file a stipulation. The undersigned apologizes for any inconvenience and respectfully requests an extension of time until May 14, 2010 in which to file the Commissioner's response to Plaintiff's opening brief. Respectfully submitted, Dated: April 23, 2010 BENJAMIN B. WAGNER United States Attorney LUCILLE GONZALES MEIS Regional Chief Counsel, Region IX Social Security Administration /s/ Elizabeth Firer ELIZABETH FIRER Special Assistant U.S. Attorney Attorneys for Defendant IT IS SO ORDERED. Dated: 9b0hie

May 6, 2010

/s/ Dennis L. Beck UNITED STATES MAGISTRATE JUDGE

2 - Stip & Order Extending Def's Time