Ferrando v. Commissioner of Social Security

Filing 65

STIPULATION and ORDER signed by Magistrate Judge Craig M. Kellison on 7/9/2013 ORDERING that Plaintiff's 62 motion is withdrawn and the hearing scheduled for Wednesday, 7/10/2013 at 10 a.m. is taken off calendar. (Zignago, K.)

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BENJAMIN B. WAGNER CSBN 163581
United States Attorney
DONNA L. CALVERT SBN IL 619786
Acting Regional Chief Counsel, Region IX
Social Security Administration
ELIZABETH BARRY CSBN 203314
Special Assistant United States Attorney
160 Spear Street, Suite 800
San Francisco, California 94105
Telephone: [phone]
Facsimile: [phone]
E-Mail: [e-mail]

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Attorneys for Defendant

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
SACRAMENTO DIVISION

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MATT A. FERRANDO,
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Plaintiff,
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v.
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CAROLYN W. COLVIN, Acting
)
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Commissioner of Social Security,1 )
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Defendant.
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______________________________)
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Case No. 2:08-CV-02470-GEB-CMK
STIPULATION FOR WITHDRAWAL OF
PLAINTIFF’S MOTION IN AID OF
EXECUTION OF JUDGMENT AND FOR
SANCTIONS BY MATT A. FERRANDO

In conjunction with this Court’s March 14, 2013 order, Plaintiff received payment

19 pursuant to the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d) and Taxation of Costs,
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28 U.S.C. § 1920. Accordingly, Plaintiff’s motion is withdrawn and the hearing scheduled for

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Wednesday, July 10, 2013 at 10 a.m. is requested to be taken off calendar.

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Carolyn W. Colvin became the Acting Commissioner of Social Security on February

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14, 2013. Pursuant to Rule 25(d) of the Federal Rules of Civil Procedure, Carolyn W. Colvin

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should be substituted for Michael J. Astrue as the defendant in this suit. No further action need

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be taken to continue this suit by reason of the last sentence of section 205(g) of the Social
Security Act, 42 U.S.C. § 405(g).

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Respectfully submitted,
Date: July 9, 2013

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By s/ Elizabeth Barry
ELIZABETH BARRY
Special Assistant U. S. Attorney
Attorneys for Defendant

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BENJAMIN B. WAGNER
United States Attorney

Date: July 9, 2013

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/s/ Robert C. Weems
(as authorized via e-mail)
ROBERT C. WEEMS
Attorney for Plaintiff

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ORDER

13 APPROVED AND SO ORDERED:
14 DATED: July 9, 2013
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______________________________________
CRAIG M. KELLISON
UNITED STATES MAGISTRATE JUDGE

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