Blackwell v. Commissioner of Social Security

Filing 18

STIPULATION and ORDER 16 for Extension of Time signed by Magistrate Judge Edmund F. Brennan on 4/13/2009. Plantiff's counsel has until 4/6/2009 w/in which to complete Summary Judgment Motion. (Marciel, M)

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BESS M. BREWER, #100364 LAW OFFICE OF BESS M. BREWER & ASSOCIATES P.O. Box 5088 Sacramento, CA 95817 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiff

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA SIMONE N. BLACKWELL Plaintiff, v. MICHAEL J. ASTRUE Commissioner of Social Security of the United States of America, Defendant. ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. CIV-08-1454 EFB STIPULATION AND ORDER EXTENDING PLAINTIFF'S TIME TO FILE MEMORANDUM IN SUPPORT OF SUMMARY JUDGMENT

IT IS HEREBY STIPULATED by and between the parties, through their attorneys, and with the permission of the Court as evidenced below, that the Plaintiff's time to file the summary judgment in this case is hereby extended until April 8, 2009. Plaintiff's summary judgment motion was due March 24, 2009, however, due to plaintiff's counsel's illness did not get filed. See Declaration of Counsel set forth below.

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Dated: April 1, 2009

/s/Bess M. Brewer BESS M. BREWER Attorney at Law Attorney for Plaintiff

Dated: April 2, 2009

Lawrence G. Brown Acting United States Attorney /s/ Sarah Ryan SARAH RYAN Special Assistant U.S. Attorney Social Security Administration Attorney for Defendant DECLARATION OF BESS M. BREWER

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I represent Ms. Blackwell in Case No. CIV-08-1454 EFB pending in this court and

submit this declaration in support of plaintiff's stipulated request for an extension of time to file her motion for summary judgment. 2. Plaintiff's summary judgment motion was due March 24, 2009. In addition to an

already crowded briefing schedule, I have been fighting off a bronchial infection for the past two weeks and operating at only 10-25% of my normal capacity. Consequently, I fell behind in my work and was not able to complete Ms. Blackwell's summary judgment motion as scheduled. 3. I need until Monday, April 6, 2009, within which to complete Ms. Hardy's summary

judgment motion and will not request additional time. I apologize for straining the court's patience with my requests for more time and will try to be more realistic in my requests. Dated: April 1, 2009 /s/Bess M. Brewer BESS M. BREWER Attorney at Law Attorney for Plaintiff 2

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Dated: April 1, 2009

Lawrence G. Brown United States Attorney /s/ Amita Baman Tracy AMITA BAMAN TRACY Special Assistant U.S. Attorney Social Security Administration Attorney for Defendant

ORDER APPROVED AND SO ORDERED. DATED: April 13, 2009.

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