Belcher v. Commissioner of Social Security

Filing 19

STIPULATION and ORDER TO EXTEND BRIEFING SCHEDULE - Defendants shall have an extension to 3/12/2010 to respond to plaintiff's motion for summary judgment. Order signed by Magistrate Judge Dennis L. Beck on 2/24/2010. (Hernandez, M)

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BENJAMIN B. WAGNER United States Attorney LUCILLE GONZALES MEIS Regional Chief Counsel, Region IX Social Security Administration KATHERINE LOO [C.S.B.N. 162029] 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

JOHN BELCHER,

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

CIVIL NO. 1:09-cv-1234-DLB STIPULATION TO EXTEND BRIEFING SCHEDULE AND ORDER

The parties hereby stipulate by counsel, with the Court's approval as indicated by issuance of the attached Order, that Defendant shall have a second extension of time of 14 days to respond to Plaintiff's motion for summary judgment. This case was assigned to a new Assistant Regional Counsel (ARC), due to a scheduling conflict arising from the large number of cases which await briefing. The ARC is of counsel on this case. The ARC requires additional time for two reasons. First, Defendant requires more time to respond to Plaintiff's brief than in the average case because: (1) Plaintiff raises eight (8) issues, including res judicata and invalid waiver of counsel; and (2) the brief does not include a summary of Plaintiff's relevant medical evidence or the hearing testimony. Second, the ARC had out-of-town obligations that diminished her opportunity to prepare a timely response. The ARC was out of the office on February 9, 2010, for a deposition in DeRenteria v. Astrue, EEOC No. 550-2010-0043X, and out of

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the state for the sale of her personal residence on February 18-21, 2010. For these reasons, the undersigned requests an additional 14 days with which to respond to Plaintiff's motion for summary judgment. The current due date is February 26, 2010. The new due date will be March 12, 2010. The parties further stipulate that the Court's Scheduling Order shall be modified accordingly.

Respectfully submitted, Dated: February 22, 2010 /s/ Sengthiene Bosavanh (As authorized via email) SENGTHIENE BOSAVANH Attorney for Plaintiff

Dated: February 24, 2010

BENJAMIN B. WAGNER United States Attorney LUCILLE GONZALES MEIS Regional Chief Counsel, Region IX Social Security Administration /s/ Katherine R. Loo KATHERINE R. LOO Special Assistant U.S. Attorney Attorneys for Defendant

OF COUNSEL TO DEFENDANT: CYNTHIA DE NARDI Assistant Regional Counsel

ORDER

IT IS SO ORDERED. Dated: 3b142a

February 24, 2010

/s/ Dennis L. Beck UNITED STATES MAGISTRATE JUDGE

2 - Motion & Order Extending Def's Time