Hirschy v. Commissioner of Social Security

Filing 17

STIPULATION and ORDER signed by Magistrate Judge Craig M. Kellison on 5/5/11 ORDERING the new date for dft to respond to pltf's motion for summary judgment is 6/3/11. (Carlos, K)

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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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TERRY HIRSCHY,

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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-02520 CMK
STIPULATION AND 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 FIRST extension of 30 days to respond to Plaintiff’s motion for

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summary judgment. The current due date is May 4, 2011, the new due date will be June 3, 2011.

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The extension is being sought because, on March 18, 2011, the undersigned counsel for the

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Commissioner underwent two separate surgeries. Counsel did not return to the office until April 7, 2011

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and, due to unexpected complications, she has not yet been able to complete a full work week. Between the

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time Plaintiff filed his motion and May 4, 2011, Counsel has had to brief six district court cases, four of

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which had already been extended due to her pending medical leave. Moreover, during this time, Counsel

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also had to engage in emergency preparation for a potential shutdown of the federal government, work that

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could not be avoided and which significantly cut into the time available for briefing cases. Due to this set

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of circumstances, Counsel was unable to complete the Commissioner’s brief by May 4, 2011 and

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respectfully requests an additional 30 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: May 3, 2011

/s/ Joseph C. Fraulob
(As authorized via telephone)
JOSEPH C. FRAULOB
Attorney for Plaintiff

Dated: May 3, 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
APPROVED AND SO ORDERED.

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DATED: May 5, 2011
______________________________________
CRAIG M. KELLISON
UNITED STATES MAGISTRATE JUDGE

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2 - Stip & Order Extending Def's Time