Webster v. Commissioner of Social Security

Filing 16

STIPULATION and ORDER signed by Magistrate Judge Kendall J. Newman on 2/4/2013 ORDERING that the time for Defendant to respond to Plaintiff's motion for summary judgment be extended from 1/31/2013 to 3/16/2013. (Zignago, K.)

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BENJAMIN B. WAGNER
United States Attorney
DONNA L. CALVERT
Acting Regional Chief Counsel, Region IX
Social Security Administration
THEOPHOUS H. REAGANS SBN CA 189450
Special Assistant United States Attorney

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333 Market Street, Suite 1500
San Francisco, California 94105
Telephone: [phone]
Facsimile: [phone]
E-Mail: *SAUSA EMAIL

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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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CLARENCE WEBSTER,

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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-01891 KJN
STIPULATION FOR EXTENSION

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The parties, through their respective counsel, stipulate that the time for Defendant to respond to

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Plaintiff’s motion for summary judgment be extended from January 31, 2013 to March 16, 2013.

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Defendant needs the extension to complete his review of the defensibility of the ALJ’s decision.
All other dates in the Court’s Scheduling Order are extended accordingly.

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This is Defendant’s first request for an extension of time to respond to Plaintiff’s motion.

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Respectfully submitted,

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Dated: January 30, 2013

Peter Brixie
(Authorized via telephone)
PETER BRIXIE
Attorney for Plaintiff

Dated: January 30, 2013

BENJAMIN B. WAGNER
United States Attorney

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Theophous H. Reagans
THEOPHOUS H. REAGANS
Special Assistant U.S. Attorney

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Attorneys for Defendant

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ORDER
Defendant filed this stipulation on February 1, 2013, the day after defendant’s deadline to
file its Opposition/Cross-Motion for Summary Judgment. (Dkt. No. 5 ¶ 4.) Disconcertingly, defendant
waited until after a filing deadline before asking the court to extend that same deadline. See E.D. Local
Rule 144(d) (“Counsel shall seek to obtain a necessary extension from the Court or from other counsel
or parties in an action as soon as the need for an extension becomes apparent. Requests for
Court-approved extensions brought on the required filing date for the pleading or other document are
looked upon with disfavor.”). Future stipulations suffering from similar deficiencies may not be
approved. The undersigned nonetheless approves this stipulation.

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IT IS SO ORDERED.

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Dated: February 4, 2013

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_____________________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE

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