Simon v. Commissioner of Social Security

Filing 26

STIPULATION AND ORDER GRANTING defendant's request for an extension of time to respond to plaintiff's opening brief, with said brief due by 12/13/2016 and plaintiff's reply due by 12/28/2016. The Court further DISCHARGES the Order to Show Cause, document 23 , pursuant to defendant's response to same, document 24 . Order signed by Magistrate Judge Erica P. Grosjean on 11/30/2016. (Rooney, M)

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PHILIP A. TALBERT
United States Attorney
DEBORAH LEE STACHEL
Regional Chief Counsel, Region IX
Social Security Administration
JEFFREY CHEN, CSBN 260516
Special Assistant United States Attorney
Social Security Administration
160 Spear Street, Suite 800
San Francisco, CA 94105
Telephone: [phone]
Facsimile: [phone]
Email: [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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YVONNE SIMON,

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Plaintiff,
v.
CAROLYN W. COLVIN,
Acting Commissioner of Social Security,
Defendant.

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Civil No. 1:15-cv-01239-EPG
STIPULATION AND ORDER FOR AN
EXTENSION OF TIME FOR
DEFENDANT TO FILE HER
RESPONSIVE BRIEF

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IT IS HEREBY STIPULATED by the parties, through their undersigned attorneys, and

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with the approval of the Court, that Defendant shall have an extension of time of 14 days from

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today to file her responsive brief or a voluntary remand stipulation. Defendant respectfully

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requests this additional time to consult with the client and potentially obtain authority for a

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voluntary remand in lieu of further litigation.

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Stip. to Extend Def.’s Brief
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The new due date for Defendant’s responsive brief or any remand stipulation will be
Tuesday, December 13, 2016.

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Respectfully submitted,

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Date: November 29, 2016

MACKENZIE LEGAL, PLLC

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By:

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Date: November 29, 2016

/s/ Kelsey Brown*
KELSEY MACKENZIE BROWN
* By email authorization on Nov. 29, 2016
Attorney for Plaintiff
PHILIP A. TALBERT
United States Attorney

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By:

/s/ Jeffrey Chen
JEFFREY CHEN
Special Assistant United States Attorney
Attorneys for Defendant

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ORDER

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Based on the above stipulation, the Court GRANTS Defendant an extension of time to
respond to Plaintiff’s Opening Brief. Defendant’s Opposition Brief shall be filed no later than
December 13, 2016. Any reply by Plaintiff may be filed no later than December 28, 2016.
The Court has further reviewed Defendant’s response to its Order to Show Cause. (ECF

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No. 24.) While the Court understands that counsel may be responsible for a large number of

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cases, the management of deadlines within those cases is counsel’s responsibility. The Court is

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willing to grant requests for extension of time liberally, but a complete failure to comply with a

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deadline, particularly a deadline that defense counsel himself requested (see ECF No. 21), falls

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well below the standard of practice expected. Nonetheless, the Court will take counsel at his

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word that he is taking measures to ensure that this does not occur again and DISCHARGES the

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Order to Show Cause (ECF No. 23).

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IT IS SO ORDERED.

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Dated:

November 30, 2016

/s/
UNITED STATES MAGISTRATE JUDGE

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