Johnson v. Commissioner of Social Security

Filing 23

STIPULATION and ORDER signed by Magistrate Judge Craig M. Kellison on 12/13/10: Defendant shall have a FIRST extension of time of 35 days, up to and including December 29, 2010, to respond to Plaintiff's motion for summary judgment. (Kaminski, H)

(SS) Johnson v. Commissioner of Social Security

Doc. 23

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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 FIRST extension of time of 35days, up to and including December 29, 2010, to respond to Plaintiff's motion for summary judgment. This request is being made because, counsel for the Commissioner overlooked the ECF notification of Plaintiff's Motion for Summary Judgment on October 25, 2010. Counsel became aware of her error when notified by the U.S. Attorney's Office on December 13, 2010. Counsel currently has 6 other district court briefs due by December 23, 2010 and she must draft a Ninth Circuit brief as well. Given this work and the Federal holiday on December 24, 2010, Counsel respectfully requests 35 days in which to file the Commissioner's Response to Plaintiff's Motion. /// JOHN JOHNSON, ) ) Plaintiff, ) ) v. ) ) MICHAEL J. ASTRUE, ) Commissioner of ) Social Security, ) ) Defendant. ) _________________________________) CIVIL NO. 2:09-CV-03395 CMK STIPULATION AND ORDER

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The parties further stipulate that the Court's Scheduling Order shall be modified accordingly. Respectfully submitted, Dated: December 13, 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: December 13, 2010

ORDER APPROVED AND SO ORDERED.

DATED: December 13, 2010 ______________________________________ CRAIG M. KELLISON UNITED STATES MAGISTRATE JUDGE

2 - Stip & Order Extending Def's Time