H.B. v. Commissioner of Social Security

Filing 21

STIPULATION and ORDER signed by Magistrate Judge Edmund F. Brennan on 12/8/14: Defendant shall have a FIRST extension of 30 days to respond to Plaintiff's motion for summary judgment up to and including January 7, 2015. (Kaminski, H)

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BENJAMIN B. WAGNER
United States Attorney
DONNA L. CALVERT
Regional Chief Counsel, Region IX
Social Security Administration
ELIZABETH FIRER
Special Assistant United States Attorney
333 Market Street, Suite 1500
San Francisco, California 94105
Telephone: [phone]
Facsimile: [phone]
E-Mail: [e-mail]
Attorneys for Defendant

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA

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SACRAMENTO DIVISION
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VALERIE BARTON o/b/o
H.B.,

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

CIVIL NO. 2:14-cv-01209 EFB
STIPULATION AND PROPOSED ORDER

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 30 days to respond to Plaintiff’s motion for
summary judgment up to and including January 7, 2015.
This extension is being sought based on a heavy workload, some of which was unanticipated, and
pre-scheduled leave between the time Plaintiff filed her Opening Brief on November 6, 2014 and the current
due date of December 8, 2014. Counsel took over briefing in this case on November 10, 2014. She is one
of a few senior attorneys in the Commissioner’s office responsible for reviewing all appeals and analyzing
district court cases for possible affirmative appeal. The latter former aspect of these duties involves
coordination between three attorneys including senior staff at the United States Attorney’s offices and the
latter involves immediate coordination with attorneys in the Commissioner’s headquarters and the United

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States Department of Justice and cannot be rescheduled or extended. In the time in question, the

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undersigned has had to review five appeals that were already on extension and one case for further action.

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In addition, Counsel had five days of scheduled leave during the period in question.

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Given this combination of circumstances, the Commissioner respectfully requests 30 additional days
in order to complete the Commissioner’s response to Plaintiff’s Motion for Summary Judgment.
The parties further stipulate that the Court’s Scheduling Order shall be modified accordingly.
Respectfully submitted,
/s/ Stephen A. Valizan
(As authorized via email)
STEPHEN A. VALIZAN
Attorney for Plaintiff

Dated: December 5, 2014

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Dated: December 5, 2014

BENJAMIN B. WAGNER
United States Attorney
DONNA L. CALVERT
regional Chief Counsel, Region IX
Social Security Administration

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/s/ Elizabeth Firer
ELIZABETH FIRER
Special Assistant U.S. Attorney
Attorneys for Defendant

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ORDER

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APPROVED AND SO ORDERED.
DATED: December 8, 2014.

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2 - Stip & Order Extending Def's Time