McDougal v. Commissioner of Social Security

Filing 17

AMENDED STIPULATION and ORDER as follows: For the reasons provided in the parties' stipulation, good cause is shown to extend the time for Defendant to file Defendant's Responsive Brief from June 12, 2017, to July 12, 2017, wi th other dates in this Scheduling Order (Social Security Appeal) extended accordingly. The motion for extension of time (ECF No. 15 ) filed on June 2, 2017, requests the same relief as the stipulation (ECF No. 16 ) filed on June 5, 2017. Thus, the motion for extension of time (ECF No. 15 ) is denied as moot. Order signed by Magistrate Judge Erica P. Grosjean on 6/5/2017. (Rooney, M)

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1 2 3 4 PHILLIP A. TALBERT United States Attorney District of Nevada DEBORAH LEE STACHEL Regional Chief Counsel, Region IX Social Security Administration THEOPHOUS H. REAGANS CSBN 189450 Special Assistant United States Attorney 5 160 Spear Street, Suite 800 San Francisco, California 94105 Telephone: (415) 977-8938 Facsimile: (415) 744-0134 6 7 8 Attorneys for Defendant 9 10 UNITED STATES DISTRICT COURT 11 EASTERN DISTRICT OF CALIFORNIA 12 FRESNO DISTRICT 13 14 DESIREE MCDOUGAL FOR WALTER JASON INMAN, 15 Plaintiff 16 17 v. NANCY A. BERRYHILL,1 Acting Commissioner of Social Security, 18 ) ) ) ) ) ) ) ) ) ) Case No. 1:16-CV-00962-EPG AMENDED JOINT STIPULATION FOR SECOND EXTENSION OF TIME TO FILE DEFENDANT’S RESPONSIVE BRIEF [ECF Nos. 15-16] Defendant. 19 20 Plaintiff Desiree McDougal and Defendant, Nancy A. Berryhill, through her undersigned counsel 21 22 of record, stipulate the approval of the Court, to extend the time for Defendant to file Defendant’s 23 1 24 25 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 Carolyn W. Colvin as the defendant in this suit. No further action needs to be taken to continue this case by reason of the last sentence of section 205(g) of the Social Security Act, 42 U.S.C. § 405(g). 26 1 1 Responsive Brief by thirty-two days from June 12, 2017 to July 12, 2017, with other dates in this 2 Scheduling Order (Social Security Appeal) extended accordingly. This is the Defendant’s second 3 request for an extension. 4 5 6 There is good cause because, since the Defendant’s previous extension, counsel has had numerous other deadlines, including District Court briefs, a dispositive motion in an employment law case, and an oral argument in a District Court case. Defendant’s Counsel was also out of the office on 7 approved leave for nearly two weeks in May, and, as of June 5, 2017, counsel will be out of the office 8 9 10 on extended leave. Defendant transferred the case to another attorney in the office. As a result, the Defendant’s new counsel needs additional time to respond to the issues Plaintiff raised in her Opening 11 Brief. Supervisory Attorney, Theophous Reagans, files this Amended Stipulation for Extension on 12 behalf of April Alongi. Counsel makes this request in good faith and without any intention of causing 13 undue delay. 14 15 16 17 18 19 20 Counsel for Plaintiff has indicated, via e-mail, that she does not opposed this motion to extend. Respectfully submitted this 5th day of June 2017. PHILLIP A. TALBERT United States Attorney DEBORAH LEE STACHEL Regional Chief Counsel, Region IX Social Security Administration 21 /s/Theophous H. Reagans THEOPHOUS H. REAGANS Assistant United States Attorney 22 Attorneys for Defendant 23 /s/ Melissa Newel MELISSA NEWEL 24 Attorney for Plaintiff 25 26 2 1 2 3 4 5 6 ORDER For the reasons provided in the parties’ stipulation, good cause is shown to extend the time for Defendant to file Defendant’s Responsive Brief from June 12, 2017 to July 12, 2017, with other dates in this Scheduling Order (Social Security Appeal) extended accordingly. The motion for extension of time (ECF No. 15) filed on June 2, 2017 requests the same relief as the stipulation (ECF No. 16) filed on June 5, 2017. Thus, the motion for extension of time (ECF No. 15) 7 is denied as moot. 8 9 IT IS SO ORDERED. 10 11 Dated: June 5, 2017 /s/ UNITED STATES MAGISTRATE JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 3

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