Estate of Jayne Bonham v. Burwell

Filing 8

REVISED STIPULATION AND ORDER signed by Magistrate Judge Allison Claire on 2/12/2015 ORDERING 7 that defendant shall have until 3/26/2015 to file the Administrative Record and a responsive pleading. (Reader, L)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ESTATE OF JAYNE BONHAM,

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CASE NO. 2:14-cv-02465-AC

Plaintiff,

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v.

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REVISED STIPULATION AND
ORDER TO EXTEND THE
DEADLINE FOR THE FILING OF
THE ADMINISTRATIVE RECORD
AND A RESPONSIVE PLEADING

SYLVIA MATHEWS BURWELL, Secretary
of Health and Human Services of the United
States of America,

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Defendant.

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Plaintiff, by and through its attorney of record, and Defendant, by and through her attorneys

20 of record, hereby stipulate, subject to approval of the Court, to extend the deadline for the filing of
21 the Administrative Record and a responsive pleading in the above-captioned case by 60 days.
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Under the current Scheduling Order, Defendant is required to file the Administrative Record

23 and a responsive pleading within 90 days from the service of the Complaint. Docket No. 4. In light
24 of the fact that the Medicare Appeals Board is facing a significant backlog in the preparation of
25 administrative records, the parties agree that Defendant shall be required to file the Administrative
26 Record and a responsive pleading within 150 days from the service of the Complaint.
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Plaintiff served its Complaint on Defendant on October 27, 2014. Accordingly, Defendant

28 must currently file the Administrative Record and a responsive pleading no later than January 26,
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1 2015. If this Court grants the parties’ request for an extension, Defendant must file the

2 Administrative Record and a responsive pleading no later than March 26, 2015.
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Respectfully submitted,

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DATED: February 12, 2015

BENJAMIN B. WAGNER
United States Attorney

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/s/ Edward A. Olsen
EDWARD A. OLSEN
Assistant United States Attorney

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/s/ William Bonham
WILLIAM BONHAM
LAW OFFICE OF WILLIAM BONHAM
Attorney for Plaintiff

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ORDER

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Pursuant to stipulation, IT IS HEREBY ORDERED that Defendant shall have until March

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26, 2015 to file the Administrative Record and a responsive pleading.

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21 DATED: February 12, 2015
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The deadline for filing the Administrative Record and responsive pleading would be January 25, 2015, but because

28 that date is a Sunday, the deadline is extended to the following day pursuant to Fed. R. Civ. P. 6(a)(1)(C).
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