Cooke v. Commissioner of Social Security

Filing 30

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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1 2 3 4 5 6 7 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 8 9 Attorneys for Defendant UNITED STATES DISTRICT COURT 10 EASTERN DISTRICT OF CALIFORNIA 11 FRESNO DIVISION 12 13 PATRICIA COOKE, 14 Plaintiff, 15 16 17 18 19 vs. CAROLYN W. COLVIN, Acting Commissioner of Social Security, Defendant. ) Case No.: 1:11-CV-1478-GSA ) ) STIPULATION AND ORDER ) FOR AN EXTENSION OF TIME ) ) ) ) ) ) ) ) 20 IT IS HEREBY STIPULATED, by and between the parties, through their respective 21 counsel of record, that the time for filling and serving the Administrative Record in this matter 22 be extended from November 20, 2013 to December 20, 2013. Defendant respectfully requests 23 24 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 25 remanded this case on April 6, 2012 for the ALJ to correct the deficiencies in the transcript (Doc. 26 No. 17), the Appeals Council vacated the administrative decision and remanded this matter to the 27 hearing office for further administrative proceedings (Doc. No. 19). The ALJ then held a 28 1 1 hearing, at which Plaintiff testified, and issued a decision dated January 11, 2013 finding 2 Plaintiff not disabled (Doc. No. 21). Plaintiff’s counsel subsequently filed written exceptions to 3 the ALJ’s decision, which are currently being considered by the Appeals Council. See 20 C.F.R. 4 §§ 404.967, 416.1467 (explaining that if a party is dissatisfied with the ALJ’s decision she may 5 request that the Appeals Council review that action). Therefore, the Appeals Council requires 6 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 7 8 accordingly. 9 Counsel apologizes to the Court for any inconvenience caused by this delay. 10 11 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 12 13 14 15 16 Dated: November 20, 2013 BENJAMIN B. WAGNER United States Attorney DONNA L. CALVERT Acting Regional Chief Counsel, Region IX Social Security Administration 17 18 19 By: 20 21 22 23 24 25 26 27 28 /s/ Shea Lita Bond SHEA LITA BOND Special Assistant U.S. Attorney Attorneys for Defendant /// /// /// /// /// /// /// 2 1 2 ORDER Upon a review of the stipulation, the Commissioner shall file a copy of the administrative 3 record no later than December 20, 2013. The dates in this Court’s scheduling order issued on 4 June 20, 2013 (Doc. 22) shall be modified accordingly. 5 6 7 8 9 10 11 IT IS SO ORDERED. Dated: November 20, 2013 /s/ Gary S. Austin UNITED STATES MAGISTRATE JUDGE DEAC_Signature-END: 6i0kij8d 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3

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