(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)

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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

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