Duong v. Commissioner of Social Security

Filing 17

ORDER signed by Magistrate Judge Kendall J. Newman on 9/20/2011 re 16 ORDERING that Plaintiff shall have until 10/7/11, to file a motion for summary judgment. The court's scheduling order is modified accordingly. (Duong, D)

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BESS M. BREWER, #100364
LAW OFFICE OF
BESS M. BREWER & ASSOCIATES
P.O. Box 5088
Sacramento, CA 95817
Telephone: [phone]

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Attorneys for Plaintiff

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IN THE UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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VAN DUONG
xxx-xx-8636

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Plaintiff,
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v.
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MICHAEL J. ASTRUE
Commissioner of Social Security
of the United States of America,

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Defendant.
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Case No. 11-0347 KJN
STIPULATION AND PROPOSED
ORDER EXTENDING PLAINTIFF’S
TIME TO FILE SUMMARY
JUDGEMENT MOTION

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IT IS HEREBY STIPULATED by and between the parties, through their attorneys, that the

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Plaintiff’s time to file his summary judgment is hereby extended from September 20, 2011, to October

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7, 2011.

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became further impacted due to the time she spent from September 13, 2011, through September 17,

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2011, dealing with a family crisis. See, declaration of Bess M. Brewer

This extension is required due to Plaintiff’s counsel’s impacted briefing schedule which

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/s/Bess M. Brewer
BESS M. BREWER
Attorney at Law

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Attorney for Plaintiff

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Dated: September 19, 2011

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Dated: September 19, 2011

Benjamin B. Wagner

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United States Attorney
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/s/ Elizabeth Barry
ELIZABETH BARRY
Special Assistant United States Attorney
Attorneys for Defendant

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DECLARATION OF BESS M. BREWER

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1.

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I represent the plaintiff in the above referenced case pending in this court and submit this

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declaration in support of plaintiff’s stipulated request for an extension of time to file his motion for

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summary judgment.
2.

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Plaintiff’s brief is due September 20, 2011. Unfortunately, I was needed to help deal

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with the mental health crisis of a family member starting the evening of September 13, 2011, and

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extending through September 17, 2011. As a result, my briefing schedule has become even more

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impacted necessitating my request for an extension of time to file Ms. Duong’s brief until October 7,

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2011.

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I declare under the penalty of perjury that the foregoing is true and correct to the best of

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my knowledge, and that this declaration was executed on September 19, 2011, in Sacramento,

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California.

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ORDER

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The stipulation of the parties is HEREBY APPROVED. Plaintiff shall have until

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October 7, 2011, to file a motion for summary judgment. The court’s scheduling order is modified

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accordingly.

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IT IS SO ORDERED.
DATED: September 20, 2011

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_____________________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE

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