Montez v. Commissioner of Social Security

Filing 19

STIPULATION and ORDER signed by Magistrate Judge Edmund F. Brennan on 11/25/13: Defendant shall have a second extension of time of 30 days to respond to Plaintiff's opening brief. The new due date for filing the Commissioner's response to Plaintiff's Motion for Remand is January 8, 2014.(Kaminski, H)

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BENJAMIN B. WAGNER
United States Attorney
DONNA L. CALVERT, SBN IL 6191786
Regional Chief Counsel, Region IX
Social Security Administration
SUSAN L. SMITH, CSBN 253808
Special Assistant United States Attorney
160 Spear Street, Suite 800
San Francisco, CA 94105
Telephone: [phone]
Facsimile: 415-744-0134
E-Mail: [e-mail]

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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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MICHAEL STANLEY MONTEZ,

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Plaintiff,
v.

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CAROLYN W. COLVIN1,
Acting Commissioner of Social Security,

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Defendant.

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CIVIL NO. 2:13-CV-0788-EFB
STIPULATION AND PROPOSED
ORDER FOR A SECOND EXTENSION
OF TIME FOR DEFENDANT TO
RESPOND TO PLAINTIFF’S OPENING
BRIEF

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Carolyn W. Colvin became the Acting Commissioner of Social Security on February 14, 2013. Pursuant
to Rule 25(d) of the Federal Rules of Civil Procedure, Carolyn W. Colvin should be substituted for
Michael J. Astrue as the defendant in this suit. No further action need be taken to continue this suit by
reason of the last sentence of section 205(g) of the Social Security Act, 42 U.S.C. § 405(g).

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Montez
Stip. and Proposed Order for Second Extension - 2:13-CV-0788-EFB

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IT IS HEREBY STIPULATED, by and between the parties, through their respective
counsel of record, that Defendant shall have a second extension of time of 30 days to respond to

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Plaintiff’s opening brief. Counsel for Defendant requests this extension in light of other district

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court litigation and substantive non-litigation matters.

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In addition, this extension is necessary due to the backlog of work created by the
temporary lapse in federal appropriations. At the end of the day on September 30, 2013, the

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appropriation that had been funding the Department of Justice expired and the appropriations to
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the Department lapsed. The same was true for most Executive agencies, including the Social

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Security Administration. Effective October 17, 2013, funds were appropriated for the

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Department of Justice and the Social Security Administration, and attorneys in both offices are

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resuming their usual civil litigation functions.

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Notwithstanding the return of all attorneys, the Office of the General Counsel for the

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Social 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 Commissioner requests a 30-day

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extension of time for filing the Commissioner’s response to Plaintiff’s Motion for Remand.

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The current due date is December 9, 2013. The new due date will be January 8, 2014.

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The parties further stipulate that the Court's Scheduling Order shall be modified accordingly.

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Respectfully submitted,

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Dated: November 20, 2013

/s/ Richard A. Whitaker
(by email authorization on November 20, 2013)
Attorney for Plaintiff

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Montez
Stip. and Proposed Order for Second Extension - 2:13-CV-0788-EFB

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Dated: 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

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Attorneys for Defendant

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ORDER

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APPROVED AND SO ORDERED.
DATED: November 25, 2013.

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Montez
Stip. and Proposed Order for Second Extension - 2:13-CV-0788-EFB