Clausen v. Commissioner of Social Security

Filing 20

ORDER Discharging Order to Show Cause and Granting Stipulation for an Extension of Time signed by Magistrate Judge Stanley A. Boone on 08/13/2018. (Flores, E)

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MCGREGOR W. SCOTT
United States Attorney
DEBORAH LEE STACHEL
Regional Chief Counsel, Region IX
Social Security Administration
GINA TOMASELLI, CSBN 267090
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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FRESNO DIVISION
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LISA LEANNE CLAUSEN,

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Plaintiff,
vs.

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NANCY A. BERRYHILL,
Acting Commissioner of Social Security,

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Defendant.

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Case No.: 1:17-cv-01484-SAB
ORDER DISCHARGING ORDER TO
SHOW CAUSE AND GRANTING
STIPULATION FOR AN EXTENSION OF
TIME
(ECF Nos. 18, 19)

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TO THE HONORABLE STANLEY A. BOONE, MAGISTRATE JUDGMENT OF THE
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UNITED STATES DISCRICT COURT:
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Defendant Nancy A. Berryhill hereby responds to the Order to Show Cause (OSC) (Dkt.
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No. 18). Defendant apologizes to this Court and to Plaintiff for failing to file her opening brief
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in a timely manner. Due the Court’s previous OSC (Dkt. No. 14), and Defendant’s counsel’s

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need to take intermittent medical leave during the last several months, counsel neglected to set
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this case back on her calendar after Plaintiff filed her brief and the Court discharged the OSC
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(Dkt. No. 17).
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Federal Rules of Civil Procedure 60(b) allows the court to relieve a party and/or counsel

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for mistake, inadvertence, or excusable neglect. Counsel’s mistake falls within the parameters of

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this rule. Due to counsel’s ongoing health issues and a very heavy workload, Defendant

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respectfully requests a 30-day extension from the current due date to file her opening brief. The

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current due date is August 13, 2018, and the new due date would be September 12, 2018.

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Plaintiff has stipulated to this extension. The Commissioner sincerely apologizes to this Court

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and to Plaintiff for any inconvenience cause by the delay.
The parties further stipulate that the Court’s Scheduling Order shall be modified

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accordingly, with Plaintiff’s reply due September 17, 2018.

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Respectfully submitted,

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Dated: August 9, 2018

/s/ Cyrus Safa_____
(*as authorized via email on August 9, 2018)
CYRUS SAFA
Attorney for Plaintiff

Dated: August 9, 2018

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

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By:

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/s/ Gina Tomaselli
GINA TOMASELLI
Special Assistant U.S. Attorney
Attorneys for Defendant

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ORDER

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Pursuant to the stipulation of the parties, IT IS HEREBY ORDERED that:

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1.

The order to show cause issued August 9, 2018 is DISCHARGED;

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2.

Defendant’s response to Plaintiff’s opening brief shall be filed on or before

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September 12, 2018; and

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3.

Plaintiff’s reply, if any, shall be filed on or before September 27, 2018.

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IT IS SO ORDERED.
Dated:

August 13, 2018
UNITED STATES MAGISTRATE JUDGE

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