Real v. Commissioner of Social Security

Filing 17

STIPULATION and ORDER to EXTEND time for Defendant to respond to Plaintiff's opening brief. Defendant shall respond to Plaintiff's Opening Brief on or before August 15, 2018 and Plaintiff shall file any reply on or before September 4, 2018. Order signed by Magistrate Judge Sheila K. Oberto on 7/17/2018. (Timken, A)

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MCGREGOR W. SCOTT
United States Attorney
DEBORAH LEE STACHEL
Regional Chief Counsel, Region IX
Social Security Administration
SHARON LAHEY
Special Assistant United States Attorney
160 Spear Street, Suite 800
San Francisco, California 94105
Telephone: [phone]
Facsimile: 415-744-0134
E-mail: [e-mail]

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Attorneys for DEFENDANT

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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FRESNO DIVISION
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JEREMY LEWIS REAL,

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Plaintiff,

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vs.

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NANCY A. BERRYHILL, Acting
Commissioner of Social Security,
Defendant.

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CASE NO. 1:17-cv-01234-SKO
STIPULATION AND ORDER TO
EXTEND TIME FOR DEFENDANT TO
RESPOND TO PLAINTIFF’S OPENING
BRIEF
(Doc. 16)

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Jeremy Lewis Real, and NANCY A. BERRYHILL, Acting Commissioner Of Social

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Security (Defendant or the Commissioner), hereby stipulate, subject to the approval of the Court,

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to a 30-day extension of time for Defendant to respond to Plaintiff’s Opening Brief (Docket

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Number 15). The current deadline is July 16, 2018, and the new deadline would be August 15,

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2018. Any reply to the Commissioner’s response would be due on or before September 4, 2018.

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This is the second extension of time requested in the above-captioned matter. Defendant

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requests this additional time due to unanticipated medical leave from the office.

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The parties further stipulate that the scheduling order in the above-captioned matter be
modified accordingly.

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Respectfully submitted,

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NEWEL LAW

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Dated: July 16, 2018

By: /s/ Melissa Newel*
MELISSA NEWEL
Attorney for Plaintiff
[*As authorized by e-mail on July 13, 2018]

Dated: July 16, 2018

MCGREGOR W. SCOTT
United States Attorney
DEBORAH LEE STACHEL
Regional Chief Counsel, Region IX

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By:
/s/ Sharon Lahey
SHARON LAHEY
Assistant Regional Counsel

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ORDER

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The Court is in receipt of the parties’ above “Stipulation to Extend Time for Defendant to Respond

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to Plaintiff’s Opening Brief.” (Doc. 16). Plaintiff submitted his Opening Brief on June 15, 2018 (Doc.

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15) and pursuant to the Court’s Scheduling Order (Doc. 5), Defendant’s response to Plaintiff’s Opening

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Brief was due July 16, 2018, the same day on which the parties filed the present request for extension.

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Requests for extension are governed by Rule 144 of the Local Rules of the United States District

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Court, Eastern District of California (“Local Rules”). Local Rule 144(d) explains that “[r]equests for

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Court-approved extensions brought on the required filing date for the pleading or other document are

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looked upon with disfavor.” Given defense counsel’s representation that she was recently required to take

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unanticipated medical leave from the office, (see Doc. 16 at 1), and the fact that Plaintiff consents to the

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request, the Court GRANTS the parties’ request for an extension.

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IT IS HEREBY ORDERED that Defendant shall respond to Plaintiff’s Opening Brief on or before
August 15, 2018 and Plaintiff shall file any reply on or before September 4, 2018.
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The parties are hereby ADMONISHED that any future requests for extension of time shall be
brought in advance of the required filing date and be supported by good cause under Fed. R. Civ. P.
16(b)(4).

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IT IS SO ORDERED.
Dated:

July 17, 2018

/s/

Sheila K. Oberto

UNITED STATES MAGISTRATE JUDGE

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