Cooper v. Commissioner of Social Security

Filing 25

STIPULATION and ORDER 24 signed by Magistrate Judge Kimberly J. Mueller on 9/8/09 ORDERING that Dft shall have a second extension of time of 34 days, up to and including 9/18/09 to respond to Pltf's motion for summary judgment. (Engbretson, K.)

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LAWRENCE G. BROWN 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 DONNA COOPER, ) ) Plaintiff, ) ) v. ) ) MICHAEL J. ASTRUE, ) Commissioner of ) Social Security, ) ) Defendant. ) _________________________________)

CIVIL NO. 2:08-CV-01859-KJM 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 SECOND extension of time of 34 days, up to and including September 18, 2009, to respond to Plaintiff's motion for summary judgment. This request is due to an inadvertent calendaring error. The Commissioner had been previously granted an extension until August 15, 2009. Unfortunately, the undersigned attorney for the Commissioner did not properly re-calendar the due date. In the past several months, the undersigned attorney for the Commissioner has experienced an extremely heavy work load due to the departure or extended absence of 8 senior attorneys in the Commissioner's office and a massive reassigning of cases. During this time period, the case tracking system used by the Commissioner was unreliable due to a nationwide overhaul. In this confusion, the undersigned attorney for the Commissioner did not notice that this brief had not been completed and

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filed. Most of the senior attorneys who had been on leave have returned, and 8 attorneys have been hired so the heavy individual work loads in the Commissioner's regional office should diminish in the near future; thus reducing the need for extensions. The parties further stipulate that the Court's Scheduling Order shall be modified accordingly. Respectfully submitted, Dated: September 8, 2009 /s/ Bess Brewer (As authorized via email) BESS BREWER Attorney for Plaintiff LAWRENCE G. BROWN 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: September 8, 2009

ORDER APPROVED AND SO ORDERED.

DATED: September 8, 2009.

2 - Stip & Order Extending Def's Time