Carter v. Commissioner of Social Security
Filing
27
STIPULATION and ORDER signed by Magistrate Judge Gregory G. Hollows on 7/12/2011 ORDERING that Dft shall have until 8/10/2011 to respond to Pltf's motion for summary judgment. (Zignago, K.)
1
2
3
4
5
6
7
8
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: (415) 977-8937
Facsimile: (415) 744-0134
E-Mail: Elizabeth.Firer@ssa.gov
Attorneys for Defendant
9
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
10
SACRAMENTO DIVISION
11
12
13
14
15
16
17
STELLA CARTER,
)
)
Plaintiff,
)
)
v.
)
)
MICHAEL J. ASTRUE,
)
Commissioner of
)
Social Security,
)
)
Defendant.
)
_________________________________)
CIVIL NO. 2:10-cv-01949 GGH
STIPULATION AND PROPOSED ORDER
18
19
The parties hereby stipulate by counsel, with the Court’s approval as indicated by issuance of the
20
attached Order, that Defendant shall have a SECOND extension of 30 days to respond to Plaintiff’s motion
21
for summary judgment. The current due date is July 11, 2011, the new due date will be August 10, 2011.
22
This extension is being sought because the undersigned counsel for the Commissioner has had and
23
still has a heavy appellate work load for the months of June and July. Between June 10, when Defendant’s
24
first extension was filed and July 11, 2011, counsel has had to or still has to review 5 appellate briefs and
25
write one of her own. The review work is onerous, time sensitive, out of Counsel’s direct control, and
26
cannot be extended without involving the work loads of three attorneys in the Commissioner’s office and
27
another in the Department of Justice. At the time Counsel filed the first extension, she did not have all of
28
the information necessary to plan this workload. Further, one of the issues Plaintiff raises is more
1
complicated than it appeared at first glance and Counsel needs more time to fully explore whether this matter
2
may be appropriate for voluntary remand. Given the combination of these issues, Counsel is unable to
3
complete the Commissioner’s brief by July 11, 2011 and respectfully requests an additional 30 days.
4
The parties further stipulate that the Court’s Scheduling Order shall be modified accordingly.
Respectfully submitted,
5
6
Dated: July 8, 2011
/s/ Bess M. Brewer
(As authorized via email)
BESS M. BREWER
Attorney for Plaintiff
Dated: July 8, 2011
BENJAMIN B. WAGNER
United States Attorney
LUCILLE GONZALES MEIS
Regional Chief Counsel, Region IX
Social Security Administration
7
8
9
10
11
12
/s/ Elizabeth Firer
ELIZABETH FIRER
Special Assistant U.S. Attorney
13
14
Attorneys for Defendant
15
16
17
18
ORDER
APPROVED AND SO ORDERED.
No further extensions will be approved.
19
20
21
22
DATED: July 12, 2011
/s/ Gregory G. Hollows
GREGORY G. HOLLOWS
UNITED STATES MAGISTRATE JUDGE
23
24
25
26
27
28
2 - Stip & Order Extending Def's Time
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?