Wise v. Commissioner of Social Security

Filing 16

STIPULATION and ORDER for first extension of time to file Defendant's responsive brief. The Commissioner shall file a responsive brief on or before March 9, 2012; and Plaintiff may file an optional reply brief on or before March 26, 2012. Order signed by Magistrate Judge Sheila K. Oberto on 2/13/2012. (Timken, A)

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BENJAMIN B. WAGNER
United States Attorney
DONNA CALVERT
Acting Regional Chief Counsel, Region IX
BRENDA M. PULLIN
Special Assistant United States Attorney
Social Security Administration

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

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Attorneys for Defendant

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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FRESNO DIVISION

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LANIEKA N. WISE,

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

CASE NO. 1:11-CV-00690-SKO
STIPULATION AND PROPOSED ORDER
FOR FIRST EXTENSION OF TIME TO FILE
DEFENDANT’S RESPONSIVE BRIEF

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The parties hereby stipulate through counsel, with the Court’s approval as indicated by issuance

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of the attached Order, that Defendant shall have a first extension of time of 30 days to file his responsive

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brief.

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The extension is being sought due to defendant’s counsel’s heavy workload during the past

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month combined with a backlog of cases after long-scheduled holiday leave and cross-country travel.

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In addition, reduced staffing makes reassignment of the case to another attorney an impossibility, as no

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other attorney is available to take on additional duties. Several senior attorneys have left the regional

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counsel’s office in the last few months and cannot be replaced due to the hiring freeze.

Given these constraints, the Commissioner respectfully requests 30 additional days in which to

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complete the Commissioner’s cross-motion for summary judgment. The new due date will be March 9,

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2012.
The parties further stipulate that the Court’s Scheduling Order shall be modified accordingly.

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Respectfully submitted,
Dated: February 9, 2012

/s/ Steven G. Rosales
(As authorized via e-mail)
STEVEN G. ROSALES
Attorney for Plaintiff

Dated: February 7, 2012

BENJAMIN B. WAGNER
United States Attorney

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/s/ Brenda M. Pullin
BRENDA M. PULLIN
Special Assistant U.S. Attorney

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ORDER

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Pursuant to the parties' stipulated request, it is HEREBY ORDERED that:

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1.

The Commissioner shall file a responsive brief on or before March 9, 2012; and

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2.

Plaintiff may file an optional reply brief on or before March 26, 2012.

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IT IS SO ORDERED.

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Dated:
ie14hj

February 13, 2012

/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE

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