Nicola v. Commissioner of Social Security

Filing 21

STIPULATION and ORDER 20 signed by Magistrate Judge Gregory G. Hollows on 1/12/10, ORDERING that Defendant shall have a FIRST extension of time of 31 days, up to and including February 8, 2009, to respond to Plaintiff's motion for summary judgment. (Kastilahn, A)

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BENJAMIN WAGNER United States Attorney LUCILLE GONZALES MEIS Regional Chief Counsel, Region IX Social Security Administration ELIZABETH FIRER Special Assistant United States Attorney 333 Market Street, Suite 1500 San Francisco, California 94105 Telephone: [phone] Facsimile: [phone] E-Mail: [e-mail] Attorneys for Defendant UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA SACRAMENTO DIVISION

11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PHILIP NICOLA, ) ) Plaintiff, ) ) v. ) ) MICHAEL J. ASTRUE, ) Commissioner of ) Social Security, ) ) Defendant. ) _________________________________)

CIVIL NO. 2:08-cv-01662 GGH STIPULATION AND ORDER

The parties hereby stipulate by counsel, with the Court's approval as indicated by issuance of the attached Order, that Defendant shall have a FIRST extension of time of 31 days, up to and including February 8, 2009, to respond to Plaintiff's motion for summary judgment. This request is due to a heavy work load. In the month of December and first two weeks of January, the undersigned counsel for the Commissioner has been responsible for filings in approximately 27 cases in four jurisdictions plus a mediation conference and oral argument in the Ninth Circuit. Due to this work load, counsel cannot /// /// /// ///

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complete the Commissioner's brief within the original time frame. The parties further stipulate that the Court's Scheduling Order shall be modified accordingly. Respectfully submitted, Dated: January 8, 2010 /s/ Bess Brewer (As authorized via email) BESS BREWER Attorney for Plaintiff BENJAMIN WAGNER United States Attorney LUCILLE GONZALES MEIS Regional Chief Counsel, Region IX Social Security Administration /s/ Elizabeth Firer ELIZABETH FIRER Special Assistant U.S. Attorney Attorneys for Defendant

Dated: January 8, 2010

ORDER APPROVED AND SO ORDERED.

DATED: January 12, 2010

/s/ Gregory G. Hollows GREGORY G. HOLLOWS UNITED STATES MAGISTRATE JUDGE

nicola.eot2

2 - Stip & Order Extending Def's Time