Martin-Barnett v. Commissioner of Social Security

Filing 25

Stipulation and Order modifying scheduling order, signed by Magistrate Judge Erica P. Grosjean on 1/8/2018. (Motion for Summary Judgment filed and served by 1/10/2018; Cross Motion for Summary Judgment filed and served by 2/12/2018; Response to Cross Motion due by 2/19/2018) (Rosales, O)

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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 rcweems@weemslawoffices.com Attorney for Plaintiff 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 BERNADINE MARTIN-BARNETT, Case No. 1:16-CV-00780-EPG Plaintiff, 11 STIPULATION AND 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 further modified to extend the parties filing deadlines to file their respective motions for summary judgment by 5 days, plaintiff’s reply date to remain unchanged. Modification is necessary, appropriate and in the interests of judicial economy because of unanticipated demands between January 2, 2018 and January 5, 2018, in plaintiff’s counsel’s criminal defense calendar, which have interfered with the completion of plaintiff’s motion for summary judgment, and plaintiff’s counsel believes that this short further extension of time is necessary to permit the filing and meet the professional standards of the Court. The parties believe and agree that an equal extension of the filing deadlines for their respective motions for summary judgment without extension of plaintiff’s reply deadline is appropriate, is not prejudicial to either party, and should result in minimal disruption to their preparation for the Court’s hearing in this matter. Accordingly, the parties agree to and request modification of the existing scheduling order and outstanding deadlines, as follows: January 10, 2018: Plaintiff to file and serve motion for summary judgment. February 12, 2018: Defendant to file and serve cross-motion for summary judgment. 1 1 2 3 4 February 19, 2018: Plaintiff to file and serve response to cross-motion. SO STIPULATED AND AGREED: Dated: January 8, 2018 WEEMS LAW OFFICES /s/ Robert C. Weems 5 Robert C. Weems, Attorney for Plaintiff 6 10 PHILLIP A. TALBERT United States Attorney DEBORAH LEE STACHEL Regional Chief Counsel, Region IX Social Security Administration TINA NAICKER Special Assistant United States Attorney 11 /s/Tina Naicker 7 Dated: January 8, 2018 8 9 TINA NAICKER Special Assistant United States Attorney and Attorney for Defendant (per e-mail authorization) 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 1 ORDER 2 Pursuant to the parties’ stipulation, the existing scheduling order and outstanding deadlines are 3 CONTINUED as follows: 4 January 10, 2018: Plaintiff to file and serve motion for summary judgment. 5 February 12, 2018: Defendant to file and serve cross-motion for summary judgment. 6 February 19, 2018: Plaintiff to file and serve response to cross-motion. 7 No further extensions of time will granted in this case. 8 9 IT IS SO ORDERED. 10 11 Dated: January 8, 2018 /s/ UNITED STATES MAGISTRATE JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3

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