Healy v. Commissioner of Social Security et al

Filing 27

STIPULATION and ORDER 26 for Third Extension of Time signed by Magistrate Judge Craig M. Kellison on 8/31/2010. The filing date for the Commissioner's Brief shall be EXTENDED an additional 6 days. (Marciel, M)

(SS) Healy v. Commissioner of Social Security, et al

Doc. 27

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BENJAMIN B. 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 The parties hereby stipulate by counsel, with the Court's approval as indicated by issuance of the attached Order, that Defendant shall have a THIRD extension of time of 6 days, up to and including August 31, 2010, to respond to Plaintiff's motion for summary judgment. This request is being made because, counsel for the Commissioner mis-calendered her response following this Court's grant of a 14 day extension to August 25, 2010. Counsel is personally responsible for calendaring all of her filings in all of her cases in 6 federal districts plus the Ninth Circuit Court of Appeals. She must also manage all of her non-court workload, which includes scheduling meetings with other attorneys in conjunction with voluntary remand review and review of appellate briefs. Given the volume of these tasks and the fact that she has no support staff assistance, Counsel sometimes commits error. Staff from the United States Attorney's Office noticed that the due date had passed and contacted Counsel at which time, Counsel CRAIG HEALY, ) ) Plaintiff, ) ) v. ) ) MICHAEL J. ASTRUE, ) Commissioner of ) Social Security, ) ) Defendant. ) _________________________________) CIVIL NO. 2:09-CV-01378 CMK STIPULATION AND PROPOSED ORDER

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noticed her calendaring error. Counsel apologizes for any inconvenience and respectfully requests an additional 6 days in which to file the Commissioner's brief. The parties further stipulate that the Court's Scheduling Order shall be modified accordingly. Respectfully submitted, Dated: August 30, 2010 /s/ Bess Brewer (As authorized via email) BESS BREWER Attorney for Plaintiff BENJAMIN B. 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: August 30, 2010

ORDER APPROVED AND SO ORDERED.

DATED: August 31, 2010 ______________________________________ CRAIG M. KELLISON UNITED STATES MAGISTRATE JUDGE

2 - Stip & Order Extending Def's Time