Smith v. Commissioner of Social Security

Filing 17

STIPULATION and ORDER for an Extension of 28 days for Defendant to File Her Opposition to Plaintiff's Opening Brief: that Defendant shall have an extension of time, to and including September 25, 2015, in which to file an opposition to Plaintiff's Opening Brief; and that all other deadlines set forth in the September 4, 2014 Case Management Order shall be extended accordingly. signed by Magistrate Judge Barbara A. McAuliffe on 8/24/2015. (Herman, H)

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BENJAMIN B. WAGNER
United States Attorney
DEBORAH LEE STACHEL
Acting Regional Chief Counsel, Region IX
Social Security Administration
JENNIFER A. KENNEY, CSBN 241625
Special Assistant United States Attorney
160 Spear Street, Suite 800
San Francisco, California 94105
Telephone: [phone]
Facsimile: [phone]
E-Mail: [e-mail]
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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ANTHONY WAYNE SMITH,
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.: 1:14-CV-1210-BAM
STIPULATION AND ORDER FOR AN
EXTENSION OF 28 DAYS FOR
DEFENDANT TO FILE HER OPPOSITION
TO PLAINTIFF’S OPENING BRIEF

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IT IS HEREBY STIPULATED, by the parties, through their respective counsel of record,

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that Defendant shall have an extension of time of 28 days to file her Opposition to Plaintiff’s

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Opening Brief. The parties previously stipulated to a 30-day extension for Plaintiff to serve his

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Confidential Letter Brief. This is Defendant’s first request for extension. The additional time is

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requested due to Defendant’s counsel being on work-related travel from August 23 through

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August 28, 2015, which includes the day her Opposition is currently due as well as the week

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prior. In addition, Defendant’s counsel has an employment law matter in active litigation before

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the Merit Systems Protection Board, Docket No. CB-7521-14-0013-T-1, two Ninth Circuit

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briefings, and five additional district court briefings due upon her return from travel. The

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additional time requested is needed to adequately research the issues Plaintiff has presented. The

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current due date is August 28, 2015. The new due date will be September 25, 2015.

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

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accordingly.
Respectfully submitted,

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Dated: August 21, 2015

/s/ *Jonathan Omar Pena
(*as authorized by email on Aug. 20, 2015)
JONATHAN OMAR PENA
Law Office of Jonathan O. Pena
Attorney for Plaintiff

Dated: August 21, 2015

BENJAMIN B. WAGNER
United States Attorney
DEBORAH LEE STACHEL
Acting Regional Chief Counsel, Region IX,
Social Security Administration

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By:

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/s/ Jennifer A. Kenney
JENNIFER A. KENNEY
Special Assistant U.S. Attorney
Attorneys for Defendant

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ORDER

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Based upon the stipulation of the parties, and for cause shown, IT IS HEREBY

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ORDERED, that Defendant shall have an extension of time, to and including September 25,

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2015, in which to file an opposition to Plaintiff’s Opening Brief; and that all other deadlines set

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forth in the September 4, 2014 Case Management Order shall be extended accordingly.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

August 24, 2015

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A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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