Swortfiguer v. Commissioner of Social Security

Filing 16

ORDER Regarding the Parties' 15 Stipulation filed June 14, 2011 signed by Magistrate Judge Gary S. Austin on 6/15/2011. (Bradley, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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CLIFFORD ALAN SWORTFIGUER,
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Plaintiff,
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v.
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MICHAEL J. ASTRUE, Commissioner of
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Social Security,
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Defendant.
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_____________________________________ )

1:10-cv-01835 GSA
ORDER REGARDING THE PARTIES’
STIPULATION FILED JUNE 14, 2011

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Plaintiff Clifford Alan Swortfiguer filed this action on October 1, 2010, challenging a
denial of Social Security benefits. (Doc. 1.)
On June 14, 2011, Plaintiff filed a Notice of Stipulation Extending Plaintiff’s Time to

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Serve the Confidential Letter Brief on Defendant. (Doc. 15.) In order to ensure clarity with

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regard to the deadlines now applicable to this action, this Court addresses the contents of the

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stipulation.

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The stipulation contains a typographical error, to wit: “. . . is extended from May 26,

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2011, to June July 27, 2011 . . ..” (Doc. 15 at 1, emphasis added.) Because the stipulation

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expressly references paragraph twelve of this Court’s scheduling order wherein the parties are

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permitted a single thirty day extension without Court approval, the Court will indeed permit a

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thirty day extension of time within which Plaintiff may serve a confidential letter brief to

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Defendant. However, this Court calculates the deadline regarding the service of a confidential

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letter brief as follows:

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Previous Deadline of May 29, 2011
(AR lodged 4/29/11 + 30 days = 5/29/11)

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New Deadline of June 28, 2011
(5/29/11 + 30 days = 6/28/11)

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Relatedly, and in light of the extension, Defendant shall then have to and including August 2,

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2011 (6/28/11 + 30 days = 8/2/11) within which to respond to the letter brief. In the event the

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matter is not remanded pursuant to the agreement of the parties, Plaintiff’s opening brief must be

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filed with this Court no later than September 1, 2011 (8/2/11 + 30 days = 9/1/11).

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Finally, the parties are advised that the stipulation should have been filed on or before
May 29, 2011. See Local Rule 144(d).

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IT IS SO ORDERED.

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Dated:
6i0kij

June 15, 2011

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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