Klaus v. Commissioner of Social Security

Filing 15

STIPULATION and ORDER signed by Magistrate Judge Gregory G. Hollows on 12/23/2011 re 14 ORDERING that defendant's request for first extension of time to file cross-motion is GRANTED. The new due date will be January 17, 2012.(Duong, D)

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BENJAMIN B. WAGNER
United States Attorney
DONNA CALVERT
Acting Regional Chief Counsel, Region IX
BRENDA M. PULLIN
Special Assistant United States Attorney
Social Security Administration
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

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EASTERN DISTRICT OF CALIFORNIA

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SACRAMENTO DIVISION

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WILLIAM FRANCIS KLAUS,

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

CASE NO. 2:11-CV-00086-GGH
STIPULATION AND PROPOSED ORDER
FOR FIRST EXTENSION OF TIME TO FILE
DEFENDANT’S CROSS-MOTION

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The parties hereby stipulate through counsel, with the Court's approval as indicated by issuance

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of the attached Order, that Defendant shall have a first extension of time of 30 days to file his

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cross-motion for summary judgment.

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The extension is being sought because defendant’s counsel has had ongoing frequent medical

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leave and absences from the office during the past month. In addition, reduced staffing makes

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reassignment of the case to another attorney an impossibility, as no other attorney is available to take on

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additional duties. Several senior attorneys have recently left the regional counsel’s office and cannot be

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replaced due to the hiring freeze, including a senior attorney who retired, a senior attorney who relocated

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to Baltimore, and our regional chief counsel who received a promotion.

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Given these constraints, the Commissioner respectfully requests 30 additional days in which to

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complete the Commissioner’s cross-motion for summary judgment. The new due date will be

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January 17, 2012.

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

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Respectfully submitted,
Dated: December 19, 2011

/s/ Ann M. Cerney
(As authorized via e-mail)
ANN M. CERNEY
Attorney for Plaintiff

Dated: December 19, 2011

BENJAMIN B. WAGNER
United States Attorney

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/s/ Brenda M. Pullin
BRENDA M. PULLIN
Special Assistant U.S. Attorney

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IT IS SO ORDERED:

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Dated: December 23, 2011
/s/ Gregory G. Hollows
UNITED STATES MAGISTRATE JUDGE

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