Lim v Commissioner of Social Security

Filing 16

STIPULATION and ORDER signed by Magistrate Judge Kimberly J. Mueller on 11/3/2010 ORDERING that the Commissioner has until 11/5/2010 to file a response to Pltf's motion for summary judgment. (Zignago, K.)

(SS) Lim v Commissioner of Social Security

Doc. 16

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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 NOEMI LIM, ) ) Plaintiff, ) ) v. ) ) MICHAEL J. ASTRUE, ) Commissioner of ) Social Security, ) ) Defendant. ) _________________________________) CIVIL NO. 2:10-CV-00958 KJM STIPULATION FOR EXTENSION OF TIME 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 until November 5, 2010 in which to respond to Plaintiff's motion for summary judgment. On October 18, 2010, the undersigned Counsel for the Commissioner filed an ex parte motion for an extension of time up to and including November 17, 2010. On November 1, 2010, this Court denied, without prejudice, Counsel's motion because Counsel had not explained why the motion was filed ex parte. Counsel inadvertently failed to explain that she had asked opposing counsel, via email, if there was any objection to the extension request, but had not received a response by the time of the original due date and, therefore, filed the motion ex parte. Counsel apologizes to the Court for the inconvenience. Upon receiving the Court's denial, Counsel for the Commissioner called Plaintiff's Counsel and spoke with one

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of her partners. Counsel for the Commissioner explained what had happened and noted that the Commissioner's brief is being completed by a new attorney in the Commissioner's San Francisco office and that said brief is almost complete. The parties then agreed to a stipulation of time until Friday, November 5, 2010 for the Commissioner to file his response to Plaintiff's motion for summary judgment.

Respectfully submitted, Dated: November 1, 2010 /s/Ann M. Cerney (as authorized via telephone by Attorney Langley Kreuze) Attorney at Law Attorney for Plaintiff

Dated: November 1, 2010

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

ORDER APPROVED AND SO ORDERED.

DATED: November 3, 2010.

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