Hirschy v. Commissioner of Social Security

Filing 19

STIPULATION and ORDER signed by Magistrate Judge Craig M. Kellison on 6/6/11 ORDERING that Defendant shall have a SECOND extension of 14 days to respond to Plaintiff's Motion for Summary Judgment 15 . The new due date will be 6/17/2011. (Mena-Sanchez, L)

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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 SECOND extension of 14 days to respond to Plaintiff’s motion

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for summary judgment. The current due date is June 3, 2011, the new due date will be June 17, 2011.

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This extension is being sought because the undersigned counsel for the Commissioner is recovering

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from two orthopedic surgeries one of which has been more complicated than expected. Since returning to

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the office on April 7, 2011, Counsel has not yet been able to return to her full capacity. During the week

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of May 31-June 3, when she had planned on completing the Commissioner’s brief, Counsel had unexpected

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additional work in regard to processing a case with a pro se claimant, which needed immediate attention and

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involved coordination with three Agency components most of which are in the Eastern Time Zone, and in

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regard to reviewing an appellate brief for another attorney, a task that could not be extended. Due to this

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set of circumstances, Counsel was unable to complete the Commissioner’s brief by June 3, 2011 and

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respectfully requests an additional 14 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: June 3, 2011

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

Dated: June 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: June 6, 2011
______________________________________
CRAIG M. KELLISON
UNITED STATES MAGISTRATE JUDGE

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2 - Stip & Order Extending Def's Time