Allen v. Price

Filing 24

Order Staying Action, signed by Magistrate Judge Erica P. Grosjean on 10/13/2017. (Plaintiff shall provide to the Court an update concerning the outcome of the trial under California Welfare & Institutions Code § 6604 by 12/22/2017; Defendant shall file a brief responding to Mr. Allens opening brief by 1/26/2018; Plaintiff shall file any reply brief responding to Defendants brief by 2/12/2018) (Rosales, O)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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GEORGE N. ALLEN,

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Case No. 1:17-cv-00239-DAD-EPG

Plaintiff,
ORDER STAYING ACTION

v.
NANCY A. BERRYHILL, ACTING
COMMISSIONER OF SOCIAL
SECURITY,

(ECF No. 21)

Defendant.

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Plaintiff George N. Allen commenced this action on February 17, 2017, seeking judicial

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review of a final decision by the Commissioner of Social Security that found him liable for

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$20,647 of overpayment of benefits under Title II of the Social Security Act. (ECF No. 1.) On

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October 12, 2017, Plaintiff filed a motion for a temporary stay of the proceedings in this action.

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(ECF No. 21.) Plaintiff states that he is to be transferred from Coalinga State Hospital to Los

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Angeles County Jail for a trial pursuant to California Welfare & Institutions Code § 6604, and

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will not have access to materials such as paper, pens, and his legal research. Id. The trial is

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scheduled to begin on November 2, 2017, and may last two weeks. Plaintiff states that after the

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trial, he may be transferred back to Coalinga State Hospital or released from custody. Id.
On October 13, 2017, Defendant filed a statement of non-opposition to Plaintiffs’ motion.

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(ECF No. 22.) Defendant states that the outcome of Plaintiff’s California Welfare & Institutions

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Code § 6604 trial may be relevant to its legal arguments in this case.

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Accordingly, upon good cause shown, IT IS ORDERED THAT:
1. All proceedings in this action are stayed pending the termination of Plaintiff’s

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California Welfare & Institutions Code § 6604 trial.

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2. The Court also modifies the current scheduling order as follows:

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a. On or before December 22, 2017, Plaintiff shall provide to the Court an

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update concerning the outcome of the trial under California Welfare &

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Institutions Code § 6604, which shall also be served on counsel for

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Defendant.

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b. On or before January 26, 2018, Defendant shall file a brief responding to
Mr. Allen’s opening brief.

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c. On or before February 12, 2018, Plaintiff shall file any reply brief
responding to Defendant’s brief.

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IT IS SO ORDERED.
Dated:

October 13, 2017

/s/
UNITED STATES MAGISTRATE JUDGE

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