Swortfiguer v. Commissioner of Social Security

Filing 27

STIPULATION and ORDER for a Second Extension for Defendant to File Notice, Motion and Memorandum in Support of Cross-Motion for Summary Judgment and in Opposition to plaintiff's Motion for Summary Judgment, signed by Magistrate Judge Barbara A. McAuliffe on 12/19/2011. (Kusamura, W)

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BENJAMIN WAGNER
United States Attorney
DONNA L. CALVERT, SBN IL 619786
Acting Regional Chief Counsel, Region IX
ELIZABETH BARRY, CSBN 203314
Special Assistant United States Attorney

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333 Market Street, Suite 1500
San Francisco, California 94105
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]

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Attorneys for Defendant
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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA

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FRESNO DIVISION

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

CASE NO.: C1:10-CV-01835 BAM
STIPULATION AND ORDER
FOR A SECOND EXTENSION FOR
DEFENDANT TO FILE NOTICE, MOTION,
AND MEMORANDUM IN SUPPORT OF
CROSS-MOTION FOR SUMMARY
JUDGMENT AND IN OPPOSITION TO
PLAINTIFF’S MOTION FOR SUMMARY
JUDGMENT

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IT IS HEREBY STIPULATED, by and between the undersigned attorneys, subject to the approval
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of the Court, that Defendant shall have a 30-day extension, or until January 27, 2012, in which to file his
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Notice, Motion, and Memorandum in Support of Cross-Motion for Summary Judgment and in
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Opposition to Plaintiff’s Motion for Summary Judgment.
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The undersigned counsel for the Defendant requires an extension as a result of a heavy briefing
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schedule, which includes six dispositive motions due through the end of the month in the following matters,
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in addition to the Defendant’s motion in the above-captioned matter: Poole v. Astrue, EDCA 2:11-912;
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Gonzales v.Astrue, EDCA 2:10-3412; Battle v. Astrue, SDCA 11-829; Lopez v. Astrue, EDCA 1:11-310;
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Marsh v.Astrue, NDCA, 3:11-2096; and Eckard v. Astrue, EDCA, 1:11-516. In addition, the undersigned
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counsel for the Defendant has a family vacation to Chicago planned for the last week of December.
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Defendant respectfully requests an additional 30-day period in which to complete his briefing.

This is Defendant’s third request for an extension of time in this matter.
Respectfully submitted,

Dated: November 28, 2011
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/s/ Bess Brewer
(as authorized via e-mail)
BESS BREWER
Attorney for Plaintiff

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BENJAMIN WAGNER
United States Attorney

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Dated: November 28, 2011

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By /s/ Elizabeth Barry
ELIZABETH BARRY
Special Assistant U.S. Attorney
Attorneys for Defendant

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ORDER
Pursuant to the stipulation, Defendant shall file its opposition brief/motion for summary judgment
no later than January 27, 2012. Defendant is advised that requests for further extensions will be looked
upon with disfavor.
IT IS SO ORDERED.
Dated:
10c20k

December 19, 2011

/s/ Barbara A. McAuliffe
UNITED STATES MAGISTRATE JUDGE

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