Guith v. Commissioner of Social Security

Filing 22

STIPULATION and ORDER for a Second Extension of 1 Day for Defendant to File her Opposition to Plaintiff's Opening Brief signed by Magistrate Judge Gary S. Austin on 3/14/2017: Pursuant to the above stipulation (Doc. 21 ), Defendant's Opposition to Plaintiff's Opening Brief shall be filed no later than March 14, 2017. Any Reply shall be filed no later than fifteen (15) days after the filing of the Opposition. (Valdez, E)

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PHILLIP A. TALBERT
United States Attorney
DEBORAH LEE STACHEL
Regional Chief Counsel, Region IX
Social Security Administration
JENNIFER A. KENNEY
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
EASTERN DISTRICT OF CALIFORNIA

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FRESNO DIVISION

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KEVIN GUITH,

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Plaintiff,

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vs.

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NANCY A. BERRYHILL1,
Acting Commissioner of Social Security,
Defendant.

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Case No.: 1:16-CV-00625-GSA
STIPULATION AND ORDER FOR A
SECOND EXTENSION OF 1 DAY 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,
that Defendant shall have a second extension of 1 day to file her Opposition to Plaintiff’s
Opening Brief. Defendant’s previous extension was for 30 days. The additional time is
requested due to unexpected technical issues that prevented Defendant’s counsel from accessing
the electronic files needed to complete her briefing. The additional day will enable Defendant’s
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Nancy A. Berryhill is now the Acting Commissioner of Social Security. Pursuant to Rule 25(d)
of the Federal Rules of Civil Procedure, Nancy A. Berryhill should be substituted for Acting
Commissioner Carolyn W. Colvin as the defendant in this suit. No further action needs to be
taken to continue this suit by reason of the last sentence of section 205(g) of the Social Security
Act, 42 U.S.C. § 405(g).
Stip. & Prop. Order to Extend 1:16-CV-00625-GSA

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counsel to finalize the document and file her response to Plaintiff’s Opening Brief. The current
due date is March 13, 2017. The new due date will be March 14, 2017.
The parties further stipulate that the Court’s Scheduling Order shall be modified
accordingly.

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Respectfully submitted,

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Dated: March 13, 2017

/s/ *Cyrus Safa
(*as authorized by email on Mar. 13, 2017)
CYRUS SAFA
Law Offices of Lawrence D. Rohlfing
Attorney for Plaintiff

Dated: March 13, 2017

PHILLIP A. TALBERT
United States Attorney
DEBORAH LEE STACHEL
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

ORDER

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Pursuant to the above stipulation (Doc. 21), Defendant’s Opposition to Plaintiff’s

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Opening Brief shall be filed no later than March 14, 2017. Any Reply shall be filed no later than

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fifteen (15) days after the filing of the Opposition.

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IT IS SO ORDERED.

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Dated:

March 14, 2017

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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Stip. & Prop. Order to Extend 1:16-CV-00625-GSA

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