Winton v. Commissioner of Social Security

Filing 12

STIPULATION and ORDER for Extension of Time: Defendant's response to Plaintiff's Opening Brief extended to 12/30/2010. signed by Magistrate Judge Sandra M. Snyder on 12/1/2010. (Herman, H) NOTE: the caption on this document 11 was titled incorrectly as follows: Stipulation and Proposed Order of Voluntary Remand and Dismissal of Case, with Directions to Clerk to Enter Judgment. Court corrected said caption 12 and informed defense counsel of modification via telephone.

(SS) Winton v. Commissioner of Social Security

Doc. 12

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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 DONALD L. WINTON, ) ) CIVIL NO. 1:10-cv-00468 SMS Plaintiff, ) ) v. ) STIPULATION AND ORDER FOR ) EXTENSION OF TIME MICHAEL J. ASTRUE, ) Commissioner of ) Social Security, ) ) Defendant. ) _________________________________) The parties hereby stipulate by counsel, with the Court's approval as indicated by issuance of the attached Order, that Defendant shall have a FIRST extension of time of 29 days, up to and including December 30, 2010, to respond to Plaintiff's motion for summary judgment. This request is due to a heavy and unextendable work load and unexpected absence due to illness. Between the time Plaintiff filed his brief on October 28, 2010, and into the second week of December, 2010, the undersigned counsel for the Commissioner had or has to review 6 appellate briefs for her colleagues in addition to drafting and filing her own briefs in 7 district court cases. Counsel has also had to prepare for and participate in a hearing on an attorney fee case. She has also missed work during this time due to illness. Counsel respectfully requests an additional 29 days in which to respond to Plaintiff's Opening Brief. /// ///

Dockets.Justia.com

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The parties further stipulate that the Court's Scheduling Order shall be modified accordingly. Respectfully submitted, Dated: November 30, 2010 /s/Lawrence D. Rohlfing (As authorized via email) LAWRENCE D. ROHLFING Attorney for Plaintiff 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

Dated: November 30, 2010

ORDER APPROVED AND SO ORDERED.

IT IS SO ORDERED. Dated: December 1, 2010 /s/ Sandra M. Snyder UNITED STATES MAGISTRATE JUDGE

2 - Stip & Order of Sentence Four Remand