Peggins v. Commissioner of Social Security

Filing 20

STIPULATION and ORDER signed by Magistrate Judge Craig M. Kellison on 11/1/2013 GRANTING extension of time, through 11/4/2013, for filing Commissioner's motion for summary judgment. (Zignago, K.)

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BENJAMIN B. WAGNER
United States Attorney
DONNA L. CALVERT
Acting Regional Chief Counsel, Region IX
Social Security Administration
BRENDA M. PULLIN
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
UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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ANNE L. PEGGINS,
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Plaintiff,
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vs.
CAROLYN W. COLVIN,
Acting Commissioner of Social Security,
Defendant.

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CASE NO. 2:12-CV-02879-CMK

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STIPULATION AND PROPOSED ORDER
FOR FIRST EXTENSION OF TIME TO
FILE DEFENDANT’S MOTION FOR
SUMMARY JUDGMENT

At the end of the day on September 30, 2013, the appropriation that had been funding the
Department of Justice expired and the appropriations to the Department lapsed. The same was

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true for most Executive agencies, including the Social Security Administration.1 Consequently,

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counsel for Defendant was on mandatory unpaid leave during the time when Defendant’s Motion

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for Summary Judgment was due to be filed with the Court.

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Effective October 17, 2013, funds were appropriated for the Department of Justice and

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On this basis, Defendant previously filed a Motion for Stay of Proceedings in Light of Lapse of
Appropriations (Doc. No. 16), which remains pending before the Court.

Stip. and Prop Order for First Extension of Time
2:12-CV-2879-CMK

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the Social Security Administration, and attorneys in both offices are resuming their usual civil

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litigation functions. Notwithstanding the return of all attorneys, the Office of the General

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Counsel for the Social Security Administration has a substantial backlog of work as a result of

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this lapse in appropriations. The Office of the General Counsel is working diligently to prioritize

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and work through this backlog as efficiently as possible. As such, the Acting Commissioner

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requests a 30-day extension of time for filing the Commissioner’s Motion for Summary

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Judgment, through November 4, 2013. This is the first request for an extension by Defendant in

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this case. Plaintiff’s counsel does not oppose the extension.

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Respectfully submitted,

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Dated: October 23, 2013

By:

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/s/ Jared T. Walker
(via e-mail authorization)
JARED T. WALKER
Attorney for Plaintiff

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Dated: October 23, 2013

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

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By:

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/s/ Brenda M. Pullin
BRENDA M. PULLIN
Special Assistant U.S. Attorney

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Attorneys for Defendant

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ORDER

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APPROVED AND SO ORDERED:

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Dated: November 1, 2013

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Stip. and Prop Order for First Extension of Time
2:12-CV-2879-CMK

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