Pierce v. Commissioner of Social Security

Filing 14

ORDER Granting Plaintiff's Request for an Extension of Time Nunc Pro Tunc. On August 18, 2015, Plaintiff filed a stipulation for a second extension of time to serve his confidential letter brief nunc pro tunc. (Doc. 12.) Plaintiff assert s that at the time the confidential letter brief was due he was out of the country with limited email access, and as a result, counsel missed the May 30, 2015, due date. (Doc. 12.) However, Plaintiff sent the confidential brief to Defendant on July 1 7, 2015. Based upon the stipulation of the parties, IT IS HEREBY ORDERED that Plaintiffs motion shall be granted nunc pro tunc and Plaintiffs confidential letter brief, filed July 17, 2015, shall be deemed timely. All other deadlines set forth in the October 29, 2014, Case Management Order are modified accordingly. (Doc. 6.) signed by Magistrate Judge Barbara A. McAuliffe on 8/19/2015. (Herman, H)

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KELSEY BROWN, CA #263109
Dellert Baird Law Offices, PLLC
PO Box 3757
Silverdale, WA 98383

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Phone: [phone]
Fax: [phone]
Email: [e-mail]

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Attorney for Plaintiff

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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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FRENSO DIVISION
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STEVEN PIERCE,
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Plaintiff,
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vs.
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COMMISSIONER OF SOCIAL SECURITY,

Case # 1:14-CV-01687-BAM
ORDER GRANTING PLAINTIFF’S
REQUEST FOR AN EXTENSION OF TIME
NUNC PRO TUNC

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Defendant.
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The parties hereby stipulate by counsel, with the Court’s approval as indicated by

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issuance of the attached Order, that Plaintiff shall have a second extension of time to file
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Plaintiff’s confidential memo.

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Counsel for the Plaintiff was out of country with limited email access and relied upon
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another attorney to send the confidential memo on her behalf. Opposing counsel informed us
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that she did not receive it. Counsel sent the confidential memo to opposing counsel after she was
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informed of this. Parties stipulate that the service of the confidential memo on July 17, 2015 was
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timely.
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The parties stipulate that the Court’s Scheduling Order shall be modified accordingly.

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Dated July 17, 2015:

/s/ Kelsey M Brown
KELSEY MACKENZIE BROWN CA #263109
Dellert Baird Law Offices, PLLC
PO Box 3757
Silverdale, WA 98383
[phone]
Attorney for Plaintiff

Dated July 17, 2015:

s/ KELSEY M. BROWN for Sharon Lahey
Marla Letellier on behalf of SHARON LAHEY
(per e-mail authorization)
Special Assistant U.S. Attorney
Office of the General Counsel
Of Attorneys for Defendant

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ORDER

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On August 18, 2015, Plaintiff filed a stipulation for a second extension of time to serve

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his confidential letter brief nunc pro tunc. (Doc. 12.) Plaintiff asserts that at the time the

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confidential letter brief was due he was out of the country with limited email access, and as a

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result, counsel missed the May 30, 2015, due date. (Doc. 12.) However, Plaintiff sent the

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confidential brief to Defendant on July 17, 2015.

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Based upon the stipulation of the parties, IT IS HEREBY ORDERED that Plaintiff’s

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motion shall be granted nunc pro tunc and Plaintiff’s confidential letter brief, filed July 17, 2015,

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shall be deemed timely. All other deadlines set forth in the October 29, 2014, Case Management

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Order are modified accordingly. (Doc. 6.)

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IT IS SO ORDERED.
Dated:

August 19, 2015

/s/ Barbara

A. McAuliffe

UNITED STATES MAGISTRATE JUDGE

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