Burton v. Commissioner of Social Security

Filing 35

STIPULATION and ORDER signed by Magistrate Judge Dale A. Drozd on 10/21/13 ORDERING the Court acknowledges Defendant's notice of withdrawal and approves the parties' joint stipulation. Defendant's motion to stay 33 is withdrawn, and the Court orders that Defendant's time for filing her response to Plaintiff's petition for approval of attorney's fees pursuant to 42 U.S.C. § 406(b)(1) is extended up to and including November 20, 2013. (Becknal, R)

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BENJAMIN B. WAGNER
United States Attorney
DONNA L. CALVERT
Acting Regional Chief Counsel, Region IX
Social Security Administration
TIMOTHY R. BOLIN
Special Assistant United States Attorney
Social Security Administration, Office of the General Counsel
160 Spear St Ste 800
San Francisco, CA 94105
Telephone: [phone]
Facsimile: [phone]
E-Mail: [e-mail]
Attorneys for Defendant

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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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DONALD M. BURTON,
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Plaintiff,
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vs.
CAROLYN W. COLVIN,
Acting Commissioner of Social Security,
Defendant.

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No. 2:10-cv-01279-DAD
DEFENDANT’S NOTICE OF
WITHDRAWAL; PARTIES’ JOINT
STIPULATION TO EXTEND
DEFENDANT’S TIME TO RESPOND TO
PLAINTIFF’S PETITION FOR APPROVAL
OF ATTORNEY’S FEES PURSUANT TO
42 U.S.C. § 406(b)(1) AND ORDER

Defendant hereby notifies the Court that her motion to stay (Dkt. # 33) is withdraw in

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light of the reinstatement of appropriations for executive branch agencies on October 17, 2013.

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Nevertheless, the Office of the General Counsel for the Social Security Administration has a

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substantial backlog of work as a result of the lapse in appropriations. The Office of the General

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Counsel is working diligently to prioritize and work through this backlog as efficiently as

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possible. For this reason, the parties jointly stipulate to an extension of time for filing the

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Commissioner’s response to Plaintiff’s petition for approval of attorney’s fees pursuant to

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42 U.S.C. § 406(b)(1), up to and including November 20, 2013. The parties stipulate in good

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faith, with no intent to delay proceedings unduly.
Defendant’s Notice of Withdrawal; Parties’ Joint Stipulation to Extend Defendant’s Time to Respond to Plaintiff’s Petition for
Approval of Attorney’s Fees Pursuant to 42 U.S.C. § 406(b)(1); No. 2:10-cv-01279-DAD

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Respectfully submitted,

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Date: October 21, 2013

/s/ Ana L. Molleda
ANA L. MOLLEDA
Attorney for Plaintiff

Date: October 21, 2013

BENJAMIN B. WAGNER
United States Attorney
DONNA L. CALVERT
Acting Regional Chief Counsel, Region IX
Social Security Administration

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/s/ Timothy R. Bolin
TIMOTHY R. BOLIN
Special Assistant U.S. Attorney
Attorneys for Defendant

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ORDER
The Court acknowledges Defendant’s notice of withdrawal and approves the parties’

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joint stipulation. Defendant’s motion to stay (Doc. No. 33) is withdrawn, and the Court orders

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that Defendant’s time for filing her response to Plaintiff’s petition for approval of attorney’s fees

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pursuant to 42 U.S.C. § 406(b)(1) is extended up to and including November 20, 2013.

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IT IS SO ORDERED.
Dated: October 21, 2013

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Ddad1\orders.soc sec\burton1279.stip.eot.docx

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Defendant’s Notice of Withdrawal; Parties’ Joint Stipulation to Extend Defendant’s Time to Respond to Plaintiff’s Petition for
Approval of Attorney’s Fees Pursuant to 42 U.S.C. § 406(b)(1); No. 2:10-cv-01279-DAD

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