Santiago v. Commissioner of Social Security

Filing 10

STIPULATION and ORDER 9 for extension of time signed by Magistrate Judge Edmund F. Brennan on 1/22/2014. Commissioner of Social Security is GRANTED a 30-day extension of time to file the Certified Administrative Record (CAR) and it is now due 2/21/2014. (Marciel, M)

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1 2 3 4 BENJAMIN B. WAGNER United States Attorney DONNA L. CALVERT Acting Regional Chief Counsel, Region IX Social Security Administration ANNABELLE J. YANG Special Assistant United States Attorney 160 Spear Street, Suite 800 San Francisco, California 94105 Telephone: (415) 977-8946 Facsimile: (415) 744-0134 E-Mail: 5 6 7 8 Attorneys for Defendant 9 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 SACRAMENTO DIVISION 11 12 13 14 15 16 17 18 CESAR A. SANTIAGO, ) ) Plaintiff, ) ) v. ) ) ) ) CAROLYN W. COLVIN1, Acting Commissioner ) of Social Security, ) Defendant. ) ) ____________________________________) Case No. 2:13-CV-02174-EFB STIPULATION AND ORDER TO EXTEND TIME 1 19 20 21 22 The parties hereby stipulate by counsel, with the Court’s approval as indicated by issuance of the attached Order, that Defendant shall have a FIRST extension of time of 30 days, from January 22, 2014 to February 21, 2014, to file the Certified Administrative 23 Record (CAR). 24 There is good cause for this extension as the CAR for this matter has not yet been 25 produced. Following the October 2013 furlough, the Social Security Administration’s 26 component responsible for production of the CARs for civil court actions, the Office of 27 28 1 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 to 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). Case No. 2:13-cv-02174-EFB 1 Disability Adjudication and Review (ODAR), continues to work through a substantial backlog of 2 cases. The Office of the General Counsel is working diligently with ODAR to prioritize its 3 substantial backlog of CARs that must be produced for thousands of pending civil actions 4 nationwide. 5 As such, Defendant requests a 30-day extension of time to assemble, produce, and file the 6 CAR. Defendant apologizes to the Court for this unavoidable delay and hereby requests to 7 extend the schedule in this matter. The parties further stipulate that the Court’s Scheduling 8 Order shall be modified accordingly. 9 10 Respectfully submitted, 11 13 /s/ Bess M. Brewer BESS M. BREWER (as authorized via email) Attorney at Law 14 Attorney for Plaintiff 12 Dated: January 21, 2014 15 16 Dated: January 21, 2014 BENJAMIN B. WAGNER United States Attorney DONNA L. CALVERT Acting Regional Chief Counsel, Region IX Social Security Administration 17 18 By: 19 20 /s/ Annabelle J. Yang ANNABELLE J. YANG Special Assistant U.S. Attorney 21 Attorneys for Defendant 22 ORDER 23 24 25 APPROVED AND SO ORDERED. DATED: January 22, 2014. 26 27 28 2 Case No. 2:13-cv-02174-EFB

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