(SS) Chernick v. Commissioner of Social Security
Filing
14
STIPULATION and ORDER Granting New Briefing Schedule signed by Magistrate Judge Jeremy D. Peterson on 10/09/2019. (Flores, E)
1
2
3
4
5
6
7
8
PHILLIP A. TALBERT
United States Attorney
DEBORAH LEE STACHEL
Regional Chief Counsel, Region IX
Social Security Administration
S. WYETH McADAM
Special Assistant United States Attorney
160 Spear Street, Suite 800
San Francisco, California 94105
Telephone: (415) 268-5610
Facsimile: (415) 744-0134
E-Mail: Wyeth.McAdam@ssa.gov
Attorneys for Defendant
9
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
FRESNO DIVISION
10
11
12
DEBORAH CHERNICK,
13
Plaintiff,
14
vs.
15
16
ANDREW SAUL,
Commissioner of Social Security,
17
Defendant.1
18
19
)
)
)
)
)
)
)
)
)
)
)
)
Case No.: 1:19-cv-00160-JDP
UNOPPOSED MOTION FOR
DEFENDANT TO FILE PROOF OF
SERVICE OF A LATE RESPONSE TO
PLAINTIFF’S CONFIDENTIAL LETTER
BRIEF; STIPULATION FOR NEW
BRIEFING SCHEDULE; AND
ORDER
Defendant moves to file proof of service of a late response to Plaintiff’s confidential letter
20
brief that was due yesterday, September 2, 2019. On September 3, 2019, counsel for Defendant
21
realized she had inadvertently miscalendered the briefing schedule for this case and reached out to
22
23
24
Plaintiff’s counsel, who does not object to Defendant filing proof of service of a late response to
his client’s confidential letter brief. In the interest of saving time, Defendant filed proof of service
of Defendant’s late response to Plaintiff’s letter brief concurrent with this unopposed motion. This
25
26
27
28
1
Andrew Saul is now the Commissioner of Social Security and is automatically substituted as a
party pursuant to Fed. R. Civ. P. 25(d). See also section 205(g) of the Social Security Act, 42
USC 405(g)(action survives regardless of any change in the person occupying the office of
Commissioner of Social Security).
1
request is made in good faith with no intention to delay unduly the proceedings. Counsel for
2
Defendant apologies for her calendaring error.
3
Counsel for the parties met and conferred about a new briefing schedule that is consistent
4
with the court’s Scheduling Order dated February 15, 2019. See Dkt. No. 4. IT IS HEREBY
5
STIPULATED, by and between the parties, by and through their respective counsel of record, that,
6
with the Court’s approval, Plaintiff shall have an extension of time to file and serve her Opening
7
brief. The new date will be October 11, 2019. Defendant shall have until November 11, 2019 to
8
file his responsive brief. Plaintiff shall have until November 26, 2019 to file her reply.
9
Respectfully submitted,
10
11
12
13
Dated: September 3, 2019
PHILLIP A. TALBERT
United States Attorney
DEBORAH LEE STACHEL
Regional Chief Counsel, Region IX
Social Security Administration
14
15
16
By: /s/ S, Wyeth McAdam
S. WYETH MCADAM
Special Assistant United States Attorney
Attorneys for Defendant
17
18
19
20
21
22
23
24
25
26
27
28
/s/ Matthew Franklin Holmberg*
MATTHEW FRANKLIN HOLMBERG
LAW OFFICES OF LAWRENCE D. ROHLFING
Attorneys for Plaintiff
(*As authorized via e-mail on September 3, 2019
ORDER
1
2
The parties’ stipulation is accepted. Plaintiff shall have until October 11, 2019, to file an
3
4
5
opening brief. Defendant shall have until November 11, 2019, to file a response brief. Plaintiff
shall have until November 26, 2019 to file a reply.
6
7
IT IS SO ORDERED.
8
9
Dated:
October 9, 2019
UNITED STATES MAGISTRATE JUDGE
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
No. 205
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?