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)

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: [phone]
Facsimile: [phone]
E-Mail: [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