Hernandez v. Commissioner of Social Security

Filing 22

STIPULATION and ORDER 21 signed by Magistrate Judge Kendall J. Newman on 10/25/13 ORDERING that Defendant's time to file her motion for summary judgment is EXTENDED from 10/24/2013, to 11/25/2013. (Kastilahn, A)

1
2
3
4
5
6
7
8
9

BENJAMIN B.WAGNER
United States Attorney
DONNA L. CALVERT
Acting Regional Chief Counsel, Region IX
Social Security Administration
CYNTHIA B. DE NARDI, CSBN 256770
Special Assistant United States Attorney
160 Spear Street, Suite 800
San Francisco, California 94105-2102
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Attorneys for Defendant

10
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
SACRAMENTO DIVISION

11
12
13
14

SAMMIE D. HERNANDEZ,

15

Plaintiff,

16

v.

17

CAROLYN W. COLVIN,
Acting Commissioner of Social Security,

18
19

Defendant.

20

)
)
)
)
)
)
)
)
)
)
)
)
)

Case No. 2:12-cv-2150-KJN
STIPULATION AND ORDER FOR
SECOND EXTENSION OF DEFENDANT’S
TIME TO FILE SUMMARY JUDGMENT
MOTION

21

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

22

Defendant’s time to file her motion for summary judgment is extended from October 24, 2013,

23

to November 25, 2013.

24

On October 2, 2013, the Court granted Defendant’s application for a stay of the

25

proceedings due to a lapse in Congressional appropriations to the Federal government (Doc. 20).

26

Funds were appropriated effective October 17, 2013. The Court indicated that Defendant’s

27

motion for summary judgment would be due 7 days after appropriations to the Federal

28

Government were restored, thus October 24, 2013. The Court also indicated that it might
consider an additional extension of time, if necessary (Doc. 20). As a result of the numerous
1
Stipulation, 2:12-cv-2150-KJN

1

federal district court cases for which stays were granted during the lapse in appropriations, the

2

undersigned currently has five other briefs due within the same five-day period in federal district

3

court. In addition, the undersigned was incapacitated due to illness from October 18, 2013 to

4

October 22, 2013, which impacts her ability to timely meet the deadline in this case. This is

5

Defendant’s second request for an extension.

6
7

DATE: October 24, 2013

/s/Bess M. Brewer*
BESS M. BREWER
(*by email authorization 10/24/13)
Attorney at Law

8
9
10
11

Attorney for Plaintiff
DATE: October 23, 2013

BENJAMIN B. WAGNER
United States Attorney

12
13

By:

14
15

/s/ Cynthia B. De Nardi
CYNTHIA B. DE NARDI
Special Assistant United States Attorney
Attorneys for Defendant

16
17
ORDER
18
19

APPROVED AND SO ORDERED.
Dated: October 25, 2013

20
21
22
23
24
25
26
27
28
2
Stipulation, 2:12-cv-2150-KJN