McClung v. Commissioner of Social Security

Filing 15

STIPULATION and ORDER signed by Magistrate Judge Carolyn K. Delaney on 05/08/12 ORDERING that defendant's time to respond to plaintiff's Motion for Summary Judgment is EXTENDED 30 days to 06/22/12. (Benson, A.)

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BENJAMIN B. WAGNER
United States Attorney
DONNA L. CALVERT, IL SBN 6191786
Acting Regional Chief Counsel, Region IX
Social Security Administration
DAVID W. LERCH, CA SBN 229411
Special Assistant United States Attorney
160 Spear Street, Suite 800
San Francisco, California 94105
Telephone: [phone]
Facsimile: [phone]
E-Mail: [e-mail]

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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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THOMAS WAYNE McCLUNG, JR.,

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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. 2:11-cv-2874-CKD
STIPULATION AND ORDER FOR A FIRST
OF EXTENSION OF TIME TO FILE
DEFENDANT’S CROSS-MOTION FOR
SUMMARY JUDGMENT

The parties hereby stipulate by counsel, with the Court’s approval as indicated by issuance of the
attached order, that Defendant shall have a first extension of time of 30 days to respond to Plaintiff’s
motion for summary judgment.
Counsel for Defendant respectfully requests an extension of time due to his workload, which
includes other district court briefs and substantive non-litigation matters, an upcoming planned absence
from the office, and the need to further review the administrative record in light of Plaintiff’s contentions
in his motion for summary judgment.
The current due date is May 23, 2012. The new due date will be June 22, 2012.
The parties further stipulate that the Court's Scheduling Order shall be modified accordingly.

Respectfully submitted,

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Dated: May 5, 2012

/s/Ann M. Cerney
(As authorized by voicemail)
Ann M. Cerney
Attorney for Plaintiff

Dated: May 7, 2012

BENJAMIN B. WAGNER
United States Attorney
DONNA L. CALVERT
Acting Regional Chief Counsel, Region IX
Social Security Administration

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/s/David Lerch
DAVID LERCH
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 8, 2012
_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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2 - Stip & Order Extending Def's Time