Andrade v. Commissioner of Social Security

Filing 20

STIPULATION AND ORDER signed by Magistrate Judge Craig M. Kellison on 11/22/2013 GRANTING 18 Motion for 7-Day Extension of Time; ORDERING the defendant to file her opposition to 17 Motion for Summary Judgment by 11/29/2013. (Michel, G)

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BOBBIE J MONTOYA
Assistant United States Attorney
DONNA CALVERT
Acting Regional Chief Counsel, Region IX
Social Security Administration
SUSAN L. SMITH
Special Assistant United States Attorney
160 Spear Street, Suite 800
San Francisco, California 94105
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]

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Attorneys for Defendant
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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
FRESNO DIVISION

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BRANDON WALTER ANDRADE

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Plaintiff,
v.
CAROLYN W. COLVIN, Acting
Commissioner of Social Security,

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Defendant.

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) Case No.: 2:13-CV-00611-CMK
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) STIPULATION AND ORDER TO EXTEND
) BRIEFING SCHEDULE
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IT IS HEREBY STIPULATED by the parties, through their undersigned attorneys, that
Defendant shall have a first extension of time of seven (7) days, from November 21, 2013 to
November 29, 2013, to file her opposition to Plaintiff’s motion for summary judgment. This is
Defendant’s first request for an extension.
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 true
for most Executive agencies, including the Social Security Administration. Effective October 17,
2013, funds were appropriated for the Department of Justice and the Social Security
Administration, and attorneys in both office are resuming their usual civil litigation functions.
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Notwithstanding the return of all attorneys, the Office of the General Counsel for the Social

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Security Administration has a substantial backlog of work as a result of this lapse in

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appropriations. The Office of the General Counsel is working diligently to prioritize and work

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through this backlog as efficiently as possible. As such, the Acting Commissioner requests a 7-day

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extension of time for filing the Commissioner’s brief, with all other dates in the Court’s CMO to

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be extended accordingly.
Respectfully submitted,

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Date: November 22, 2013

/s/ Joseph C. Fraulob
JOSEPH C. FRAULOB
*By phone authorization on November 20, 2013

Date: November 22, 2013

BENJAMIN B. WAGNER
United States Attorney

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By:

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/s/Susan L. Smith
SUSAN L. SMITH
Special Assistant U.S. Attorney
Attorneys for Defendant

Of Counsel
Tina Saladino
Assistant Regional Counsel
Social Security Administration

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ORDER
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APPROVED AND SO ORDERED

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Dated: November 22, 2013

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