Hernandez v. Commissioner of Social Security

Filing 16

STIPULATION and ORDER signed by Magistrate Judge Edmund F. Brennan on 8/31/2009 ORDERING 12 that Defendant shall have an extension of time of 29 days, up to and including 8/28/2009, to answer Plaintiff's complaint. (Reader, L)

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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 ANASTACIO HERNANDEZ, Jr., ) ) Plaintiff, ) ) v. ) ) MICHAEL J. ASTRUE, ) Commissioner of ) Social Security, ) ) Defendant. ) _________________________________) CIVIL NO. S-09-CV-00272 EFB 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 an extension of time of 29 days, up to and including August 28, 2009, to answer Plaintiff's complaint. This request is being made because this case was originally assigned to an attorney who went on unexpected and extended medical leave resulting in the need to reassign her entire work load. In the process of these reassignments, the case tracking system used in the Commissioner's Office of the General Counsel has been unreliable and this case was inadvertently overlooked. Defendant will file the answer immediately after filing this proposed order so that no further delay occurs. /// ///

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The parties further stipulate that the Court's Scheduling Order shall be modified accordingly. Respectfully submitted, Dated: August 28, 2009 /s/ Ann M. Cerney (As authorized via email) ANN M. CERNEY 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: August 28, 2009

ORDER APPROVED AND SO ORDERED. DATED: August 31, 2009.

2 - Stip & Order Extending Def's Time