Phillips v. Commissioner of Social Security

Filing 40

STIPULATION to Hold the Petition for Fees and Expenses Under the Equal Access to Justice Act in Abeyance; ORDER re 32 signed by Magistrate Judge Erica P. Grosjean on 12/28/2015. The telephonic status conference currently set for January 12, 2016 at 10:00 a.m. is VACATED.(Martinez, A)

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Lawrence D. Rohlfing
Attorney at Law: 119433
Law Offices of Lawrence D. Rohlfing
12631 East Imperial Highway, Suite C-115
Santa Fe Springs, CA 90670
Tel.: [phone]
Fax: [phone]
E-mail: [e-mail]
Attorneys for Plaintiff
Anna Marie Phillips

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
FRESNO DIVISION

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ANNA MARIE PHILLIPS,

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Plaintiff,

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vs.
CAROLYN W. COLVIN, Acting
Commissioner of Social Security,

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Defendant
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Case No.: 1:11-cv-01928-EPG
STIPULATION TO HOLD THE
PETITION FOR FEES AND
EXPENSES UNDER THE EQUAL
ACCESS TO JUSTICE ACT IN
ABEYANCE; ORDER
(ECF No. 32)

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TO THE HONORABLE ERICA P. GROSJEAN, MAGISTRATE JUDGE
OF THE DISTRICT COURT:

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Whereas Anna Marie Phillips has a motion for fees and expenses under the

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EAJA pending before the Ninth Circuit and this Court on identical issue of

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substantial justification with different facts as to the relief sought, the parties

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///

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hereby stipulate that the Court hold the petition before the District Court in

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abeyance until the Ninth Circuit rules on the matter before it.

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IT IS SO STIPULATED.
DATE: December 22, 2015
Respectfully submitted,

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LAW OFFICES OF LAWRENCE D. ROHLFING

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/s/ Lawrence D. Rohlfing
BY: _________________________
Lawrence D. Rohlfing
Attorney for plaintiff ANNA MARIE PHILLIPS

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Date:

BENJAMIN B. WAGNER
United States Attorney
BY: /s/ Lynn M. Harada
Lynn M. Harada
Special Assistant United States Attorney
Attorneys for Defendant CAROLYN W. COLVIN
Acting Commissioner of Social Security

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ORDER
Based on the above stipulation, Plaintiff’s Motion for Fees and Expenses

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(ECF No. 32) is stayed pending the disposition of Plaintiff’s motion for fees and

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expenses currently pending before the Ninth Circuit Court of Appeals. The parties

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are instructed to meet and confer following the Ninth Circuit’s decision to

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determine whether that decision resolves the Motion for Fees and Expenses (ECF

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No. 32) and shall file a status report advising this Court of the results of their meet

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and confer efforts. The telephonic status conference currently set for January 12,

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2016 at 10:00 a.m. is VACATED.

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IT IS SO ORDERED.

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Dated:

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December 28, 2015

/s/
UNITED STATES MAGISTRATE JUDGE

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