Cooke v. Commissioner of Social Security
Filing
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STIPULATION and ORDER for an Extension of Time signed by Magistrate Judge Gary S. Austin on 11/20/2013. (Martinez, A)
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BENJAMIN B. WAGNER
United States Attorney
DONNA L. CALVERT
Acting Regional Chief Counsel, Region IX
Social Security Administration
SHEA LITA BOND, SBN D.C. 469103
Special Assistant United States Attorney
160 Spear Street, Suite 800
San Francisco, California 94105
Telephone: (415) 977-8934
Facsimile: (415) 744-0134
E-Mail: Shea.Bond@ssa.gov
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Attorneys for Defendant
UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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FRESNO DIVISION
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PATRICIA COOKE,
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Plaintiff,
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vs.
CAROLYN W. COLVIN,
Acting Commissioner of Social Security,
Defendant.
) Case No.: 1:11-CV-1478-GSA
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) STIPULATION AND ORDER
) FOR AN EXTENSION OF TIME
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IT IS HEREBY STIPULATED, by and between the parties, through their respective
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counsel of record, that the time for filling and serving the Administrative Record in this matter
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be extended from November 20, 2013 to December 20, 2013. Defendant respectfully requests
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this additional time because the Appeals Council needs time to respond to Plaintiff’s written
exceptions to the administrative law judge’s (ALJ) January 11, 2013 decision. After the Court
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remanded this case on April 6, 2012 for the ALJ to correct the deficiencies in the transcript (Doc.
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No. 17), the Appeals Council vacated the administrative decision and remanded this matter to the
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hearing office for further administrative proceedings (Doc. No. 19). The ALJ then held a
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hearing, at which Plaintiff testified, and issued a decision dated January 11, 2013 finding
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Plaintiff not disabled (Doc. No. 21). Plaintiff’s counsel subsequently filed written exceptions to
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the ALJ’s decision, which are currently being considered by the Appeals Council. See 20 C.F.R.
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§§ 404.967, 416.1467 (explaining that if a party is dissatisfied with the ALJ’s decision she may
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request that the Appeals Council review that action). Therefore, the Appeals Council requires
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the additional time to consider Plaintiff’s written exceptions to the ALJ’s decision.
The parties further stipulate that the Court’s Scheduling Order shall be modified
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accordingly.
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Counsel apologizes to the Court for any inconvenience caused by this delay.
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Respectfully submitted,
/s_SENGTHIENE BOSAVANH__
(as authorized via telephone on November 13, 2013
by Ruby Gonzalez on behalf of Ms. Bosavanh)
SENGTHIENE BOSAVANH
Attorney for Plaintiff
Dated: November 20, 2013
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Dated: November 20, 2013
BENJAMIN B. WAGNER
United States Attorney
DONNA L. CALVERT
Acting Regional Chief Counsel, Region IX
Social Security Administration
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By:
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/s/ Shea Lita Bond
SHEA LITA BOND
Special Assistant U.S. Attorney
Attorneys for Defendant
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ORDER
Upon a review of the stipulation, the Commissioner shall file a copy of the administrative
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record no later than December 20, 2013. The dates in this Court’s scheduling order issued on
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June 20, 2013 (Doc. 22) shall be modified accordingly.
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IT IS SO ORDERED.
Dated:
November 20, 2013
/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE
DEAC_Signature-END:
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