Gutierrez v. Commissioner of Social Security

Filing 16

STIPULATION and ORDER for a First Extension of Time: Defendant shall have an extension of time to May 24, 2017, in which to respond to Plaintiff's Confidential Letter Brief. Additionally, the Court's Scheduling Order shall be modified as follows: (1) In the event the parties stipulate to a remand to the Commissioner, the stipulation shall be filed with the Court WITHIN fifteen (15) days after respondent serves his response on appellant, on or before June 8, 2017. (2) In the event respondent does not agree to a remand, within thirty (30) days of service of respondent's response, on or before June 23, 2017, appellant shall file and serve an opening brief with the court and on respondent. (3) Respondent's responsive brief shall be filed with the court and served on appellant within thirty (30) days after service of appellant's opening brief, on or before July 23, 2017. (4) Appellant's reply brief shall be filed with the court and served on respondent within fifteen (15) days after service of respondent's brief, on or before August 7, 2017. signed by Magistrate Judge Barbara A. McAuliffe on 4/21/2017. (Herman, H)

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PHILLIP A. TALBERT
United States Attorney
DEBORAH LEE STACHEL
Regional Chief Counsel, Region IX
Social Security Administration
MARCELO ILLARMO (MABN 670079)
Special Assistant United States Attorney
160 Spear Street, Suite 800
San Francisco, California 94105
Telephone: [phone]
Facsimile: [phone]
E-Mail: [e-mail]

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Attorneys for Defendant
UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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ANTONIO GUTIERREZ,

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Plaintiff,
v.
NANCY A. BERRYHILL,1
Acting Commissioner of Social Security,

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) Case No.: 1:16-cv-01341-BAM
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) STIPULATION AND ORDER FOR A FIRST
) EXTENSION OF TIME
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Defendant.

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IT IS HEREBY STIPULATED, by and between the parties, through their respective

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counsel of record, that the time for responding to Plaintiff’s Confidential Letter Brief be

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extended from April 24, 2017 to May 24, 2017. This is Defendant’s first request for an

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extension of time to respond to Plaintiff’s letter. Defendant respectfully requests this additional

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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).
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time because Defendant’s counsel has a higher than normal workload. In addition, Defendant’s

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counsel was on leave from April 14, 2017 to April 17, 2017.

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The parties further stipulate that the Court’s Scheduling Order shall be modified
accordingly:
 In the event the parties stipulate to a remand to the Commissioner, the stipulation shall be
filed with the Court WITHIN fifteen (15) days after respondent serves his response on
appellant, on or before June 8, 2017.
 In the event respondent does not agree to a remand, within thirty (30) days of service of
respondent's response, on or before June 23, 2017, appellant shall file and serve an
opening brief with the court and on respondent.
 Respondent's responsive brief shall be filed with the court and served on appellant within
thirty (30) days after service of appellant's opening brief, on or before July 23, 2017.
 Appellant's reply brief shall be filed with the court and served on respondent within
fifteen (15) days after service of respondent's brief, on or before August 7, 2017.

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Respectfully submitted,

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Dated: April 21, 2017

/s/ Melissa Newel
(*as authorized via e-mail on 4/20/17)
MELISSA NEWEL
Attorney for Plaintiff

Dated: April 21, 2017

PHILLIP A. TALBERT
United States Attorney
DEBORAH LEE STACHEL
Acting Regional Chief Counsel, Region IX
Social Security Administration

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By:

/s/ Marcelo Illarmo
MARCELO ILLARMO
Special Assistant United States Attorney
Attorneys for Defendant

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ORDER

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Pursuant to the stipulation of the parties, and good cause appearing, Defendant shall have

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an extension of time to May 24, 2017, in which to respond to Plaintiff’s Confidential Letter

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Brief. Additionally, the Court’s Scheduling Order shall be modified as follows:

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(1) In the event the parties stipulate to a remand to the Commissioner, the stipulation
shall be filed with the Court WITHIN fifteen (15) days after respondent serves his
response on appellant, on or before June 8, 2017.

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(2) In the event respondent does not agree to a remand, within thirty (30) days of service
of respondent's response, on or before June 23, 2017, appellant shall file and serve an
opening brief with the court and on respondent.
(3) Respondent's responsive brief shall be filed with the court and served on appellant
within thirty (30) days after service of appellant's opening brief, on or before July 23,
2017.

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(4) Appellant's reply brief shall be filed with the court and served on respondent within
fifteen (15) days after service of respondent's brief, on or before August 7, 2017.

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IT IS SO ORDERED.

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Dated:

/s/ Barbara

April 21, 2017

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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