Douthitt v. Commissioner of Social Security

Filing 22

ORDER signed by Magistrate Judge Craig M. Kellison on 6/3/2014 GRANTING 21 Ex Parte Application for Extension of Time; ORDERING the defendant to respond to the plaintiff's 20 Motion for Summary Judgment by 6/30/2014. (Michel, G)

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BENJAMIN B. WAGNER
United States Attorney
DONNA L. CALVERT
Acting Regional Chief Counsel, Region IX
Social Security Administration
TIMOTHY R. BOLIN, CSBN 259511
Special Assistant United States Attorney
Social Security Administration
Office of the General Counsel
160 Spear St Ste 800
San Francisco, CA 94105
Telephone: [phone]
Facsimile: [phone]
E-mail: [e-mail]
Attorneys for Defendant

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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(SACRAMENTO)

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THERESA DOUTHITT,
Plaintiff,
v.
ACTING COMMISSIONER
OF SOCIAL SECURITY,
Defendant.

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No. 2:13-cv-00636-CMK
DEFENDANT’S APPLICATION FOR
AN EX PARTE ORDER EXTENDING
DEFENDANT’S TIME TO RESPOND TO
PLAINTIFF’S MOTION FOR SUMMARY
JUDGMENT BY THIRTY (30) DAYS

Pursuant to Local Rule 144, Defendant, through counsel, hereby submits this application

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for an ex parte order extending Defendant’s time to respond to Plaintiff’s motion for summary

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judgment by thirty (30) days, i.e., up to and including June 30, 2014. Defendant files this application

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ex parte because counsel has been unable to contact Plaintiff regarding a joint stipulation to a like

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extension. Counsel has called the telephone number listed for Plaintiff on the Court’s docket, but

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there is no answer.

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In Plaintiff’s motion for summary judgment, she alleges that she submitted medical records
that are not included in the administrative record. (Plaintiff did not allege this in her complaint.)

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Counsel needs to investigate the allegedly missing records. This investigation will likely

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take some time, because it will involve queries to an agency field office as well as

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agency headquarters.

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Respectfully submitted,

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Date: May 29, 2014
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BENJAMIN B. WAGNER
United States Attorney
DONNA L. CALVERT
Acting Regional Chief Counsel, Region IX
Social Security Administration
/s/ Timothy R. Bolin
TIMOTHY R. BOLIN
Special Assistant United States Attorney

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ORDER

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In light of cause shown, the Court hereby grants ex parte Defendant’s application for an

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extension of thirty (30) days, i.e., up to and including June 30, 2014, for Defendant to respond to

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Plaintiff’s motion for summary judgment.

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Dated: June 3, 2014

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BENJAMIN B. WAGNER
United States Attorney
DONNA L. CALVERT
Acting Regional Chief Counsel, Region IX
Social Security Administration
TIMOTHY R. BOLIN, CSBN 259511
Special Assistant United States Attorney
Social Security Administration
Office of the General Counsel
160 Spear St Ste 800
San Francisco, CA 94105
Telephone: [phone]
Facsimile: [phone]
E-mail: [e-mail]
Attorneys for Defendant

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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(SACRAMENTO)

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THERESA DOUTHITT,

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Plaintiff,
v.
ACTING COMMISSIONER
OF SOCIAL SECURITY,
Defendant.

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) No. 2:13-cv-00636-CMK
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) CERTIFICATE OF SERVICE BY MAIL
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I declare that I am over the age of eighteen years, and I am not a party to this action. I am

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an employee of the Social Security Administration, Office of the Regional Chief Counsel,

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Region IX. On May 29, 2014, I served on Plaintiff a true and correct copy of DEFENDANT’S

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APPLICATION FOR AN EX PARTE ORDER EXTENDING DEFENDANT’S TIME TO

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RESPOND TO PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT BY THIRTY (30)

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DAYS and its accompanying CERTIFICATE OF SERVICE BY MAIL, as filed with this Court

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(Dkt. No. 21).

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I am readily familiar with the Office of the Regional Chief Counsel’s practice for

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collecting and processing correspondence for mailing. On the same day that correspondence is

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placed in an internal mailbox for collection and mailing, it is deposited in the ordinary course of

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business with the United States Postal Service in a sealed envelope with postage fully prepaid. I

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personally sealed a true and correct copy of Dkt. No. 21 in an envelope addressed to Plaintiff at

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her address as stated on the Court’s docket. The mailing address on the envelope read as follows:

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Theresa Douthitt

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P.O. Box 5055

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Pleasanton, CA 94566

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I declare under penalty of perjury that the foregoing is true and correct.

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Date: May 29, 2014

/s/ Timothy R. Bolin
TIMOTHY R. BOLIN

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