Martin v. Commissioner of Social Security

Filing 20

STIPULATION and ORDER signed by Magistrate Judge Kendall J. Newman on 8/10/2012 MODIFYING the Court's Scheduling Order; CONTINUING the due date for Defendant's Cross-Motion for Summary Judgment to 9/10/2012. (Michel, G)

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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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SHIRLEY RENE MARTIN,

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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. 2:12-cv-00033-KJN
STIPULATION AND PROPOSED ORDER
TO EXTEND 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.
The Court has previously granted a request for an extension of time for Plaintiff to file a motion
for summary judgment. This is the first request for an extension of time for Defendant to file his crossmotion for summary judgment.
Counsel for Defendant respectfully requests an extension of time due to his workload. In
particular, counsel is currently responsible for approximately 50 district court cases at various stages of
litigation. Counsel also is responsible for certain requests for legal advice and guidance from other SSA
components, and was required to devote an unexpected amount of time in the past week to such a matter.

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The current due date for Defendant’s cross-motion for summary judgment is August 10, 2012.
The new due date will be September 10, 2012.
The parties further stipulate that the Court's Scheduling Order shall be modified accordingly.

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Respectfully submitted,

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Dated: August 7, 2012

/s/Ann M. Cerney
(As authorized via email)
Ann M. Cerney
Attorney for Plaintiff

Dated: August 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.
DATED: August 10, 2012

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_____________________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE

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2 - Stip & Order Extending Def's Time