Dupree v. Commissioner of Social Security

Filing 23

STIPULATION and ORDER signed by Magistrate Judge Kendall J. Newman on 04/21/10 ORDERING that defendant shall have 28 days up to and including 05/14/10 to respond to 19 MOTION for SUMMARY JUDGMENT. (Williams, D)

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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 SECOND extension of time of 28 days, up to and including May 14, 2010, to respond to Plaintiff's motion for summary judgment. This extension is being requested because the undersigned counsel for the Commissioner needs additional time to consult with her client about the possibility of voluntarily remanding this matter. Counsel had almost completed the Commissioner's response to Plaintiff' motion for summary judgment on Friday, April 16, before she became aware of a serious problem with the ALJ's decision; counsel apologizes for not having discovered the error earlier. The undersigned needs 28 days because she will be out of the office from April 26 through May 7, 2010 and will not be able to complete the voluntary remand process before that absence. PATRICK DUPREE, ) ) Plaintiff, ) ) v. ) ) MICHAEL J. ASTRUE, ) Commissioner of ) Social Security, ) ) Defendant. ) _________________________________) CIVIL NO. 2:09-CV-01487 KJN STIPULATION AND PROPOSED ORDER

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The parties further stipulate that the Court's Scheduling Order shall be modified accordingly. Respectfully submitted, Dated: April 19, 2010 /s/Peter Brixie (As authorized via telephone) PETER BRIXIE 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: April 19, 2010

ORDER APPROVED AND SO ORDERED.

DATED: April 21, 2010

_____________________________________ KENDALL J. NEWMAN UNITED STATES MAGISTRATE JUDGE

2 - Stip & Order Extending Def's Time