Martin-Barnett v. Commissioner of Social Security

Filing 20

Stipulation and Order modifying scheduling order, signed by Magistrate Judge Erica P. Grosjean on 10/25/2017. (Rosales, O)

1
2
3
4
5

Robert C Weems (CA SBN 148156)
WEEMS LAW OFFICES
769 Center Blvd., PMB 38
Fairfax, CA 94930
Ph: 415.881.7653
Fx: 866.610.1430

[e-mail]

Attorney for Plaintiff

6
7
8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10

BERNADINE MARTIN-BARNETT,
Plaintiff,

11

Case No. 1:16-CV-00780-EPG
STIPULATION AND PROPOSED ORDER
MODIFYING SCHEDULING ORDER

12

v.

13

NANCY A. BERRYHILL, Acting
Commissioner of Social Security,

14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

Defendant.

IT IS HEREBY STIPULATED by and between the parties, subject to the Court’s approval, that
the scheduling order in this action be modified to extend the parties deadline by roughly 45 days.

Modification is necessary, appropriate and in the interests of judicial economy because after the
exchange of letter briefs, plaintiff’s counsel became aware of additional medical records which he
believes constitutes new and material evidence warranting remand under 42 U.S.C. § 405(g),
sentence six; such records have been provided for review by the Commissioner of Social Security,
whose review is ongoing; and, following such review, this action may be appropriate for remand by
stipulation. To provide adequate time for the Commissioner to complete her review of the additional
medical records and in light of the numerous upcoming holidays the parties believe that a roughly 45
day extension of the deadlines under the current scheduling order is appropriate and agree that such
an extension is not prejudicial to either party.
Accordingly, the parties agree to and request modification of the existing scheduling order to the
following:
November 17, 2017:

Parties to file and serve stipulation to remand, if resolved.
1

1

December 11, 2017:

Plaintiff to file and serve motion for summary judgment.

2

January 8, 2018:

Defendant to file and serve cross-motion for summary judgment.

3

January 22, 2018:

Plaintiff to file and serve response to cross-motion.

4
5
6

SO STIPULATED AND AGREED:
Dated: October 25, 2017

WEEMS LAW OFFICES

/s/ Robert C. Weems

7

Robert C. Weems,
Attorney for Plaintiff

8

12

PHILLIP A. TALBERT
United States Attorney
DEBORAH LEE STACHEL
Regional Chief Counsel, Region IX
Social Security Administration
TINA NAICKER
Special Assistant United States Attorney

13

/s/Tina Naicker

9

Dated: October 25, 2017

10
11

TINA NAICKER
Special Assistant United States Attorney and
Attorney for Defendant (per e-mail
authorization)

14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

2

ORDER

1
2
3

Pursuant to the parties’ stipulation, the Court finds good cause for the following modifications to
the existing scheduling order:

4

November 17, 2017:

Parties to file and serve stipulation to remand, if resolved.

5

December 11, 2017:

Plaintiff to file and serve motion for summary judgment.

6

January 8, 2018:

Defendant to file and serve cross-motion for summary judgment.

7

January 22, 2018:

Plaintiff to file and serve response to cross-motion.

8
9

IT IS SO ORDERED.

10
11

Dated:

October 25, 2017

/s/
UNITED STATES MAGISTRATE JUDGE

12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

3