Carter v. Commissioner of Social Security

Filing 29

STIPULATION and ORDER signed by Magistrate Judge Gregory G. Hollows on 8/17/2011 RESETTING Response Deadline; Opposition/Cross-Motion shall be filed by 8/26/2011. (Michel, G)

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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

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA

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SACRAMENTO DIVISION
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STELLA CARTER,

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Plaintiff,
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v.
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MICHAEL J. ASTRUE,
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Commissioner of
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Social Security,
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Defendant.
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_________________________________)

CIVIL NO. 2:10-cv-01949 GGH (TEMP)
STIPULATION AND PROPOSED ORDER

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The parties hereby stipulate by counsel, with the Court’s approval as indicated by issuance of the

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attached Order, that Defendant shall have a THIRD extension of 16 days to respond to Plaintiff’s motion

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for summary judgment. The current due date is August 10, 2011, the new due date will be August 26, 2011.

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This extension is being sought because between the time this Court granted the Commissioner’s

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previous extension and August 10, 2011, the undersigned counsel for the Commissioner had to draft two

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Ninth Circuit briefs, which had already been extended, conduct an office-wide appellate briefing training

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– the timing of which had been moved without much notice, and review four other appellate briefs for her

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colleagues – work that requires takes up to 30 hours to complete and cannot be easily extended or shifted

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to other attorneys. Additionally, Counsel had unexpected difficulties attempting to remand another case with

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the Appeals Council and that work could not be moved. Given these circumstances, Counsel was not able

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to complete the Commissioner’s response by the current due date and respectfully requests an additional 16

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days.

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The parties further stipulate that the Court’s Scheduling Order shall be modified accordingly.
Respectfully submitted,

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Dated: August 10, 2011

/s/ Bess M. Brewer
(As authorized via email)
BESS M. BREWER
Attorney for Plaintiff

Dated: August 10, 2011

BENJAMIN B. WAGNER
United States Attorney
LUCILLE GONZALES MEIS
Regional Chief Counsel, Region IX
Social Security Administration

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/s/ Elizabeth Firer
ELIZABETH FIRER
Special Assistant U.S. Attorney

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Attorneys for Defendant

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ORDER
The undersigned previously ordered that no further extensions would be approved. Evidently, that
part of the order was not viewed seriously, as such things like in-office training took precedence over the
order. The undersigned will approve this request for extension, but will not approve, or consider further
requests. Failure to file a timely response will result in the striking of the answer. The opposition/crossmotion shall be filed by August 26, 2011.

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DATED: August 17, 2011
/s/ Gregory G. Hollows
UNITED STATES MAGISTRATE JUDGE

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2 - Stip & Order Extending Def's Time