Harville v. Commissioner of Social Security

Filing 11

STIPULATION and ORDER signed by Magistrate Judge Craig M. Kellison on 6/1/17 ORDERING that defendant is GRANTED a 14 day extension from the current 5/25/17 deadline to file an answer to Plaintiff's complaint. (Kastilahn, A)

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PHILLIP A. TALBERT
United States Attorney
DEBORAH LEE STACHEL
Regional Chief Counsel
DANIEL P. TALBERT
Special Assistant United States Attorney
Social Security Administration
160 Spear Street, Suite 800
San Francisco, CA 94105
Telephone: [phone]
Facsimile: [phone]
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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MATTHEW HARVILLE,

No. 2:15-cv-01175-CMK

Plaintiff,

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v.

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NANCY A. BERRYHILL,
Acting Commissioner of Social Security,

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STIPULATION AND ORDER FOR A
FOURTEEN-DAY EXTENSION FOR
DEFENDANT TO ANSWER PLAINTIFF’S
COMPLAINT

Defendant. 1

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Nancy A. Berryhill is now the Acting Commissioner of Social Security. Pursuant to Rule 25(d)
of the Federal Rules of Civil Procedure, Nancy A. Berryhill should be substituted for Carolyn W.
Colvin 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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The parties stipulate, subject to the approval of the Court, that Defendant shall be granted

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a fourteen-day extension from the current May 25, 2017 deadline to file an answer to Plaintiff’s

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complaint. This is Defendant’s first request for an extension. There is good cause for this

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extension because the undersigned counsel for Defendant has not yet received the certified

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administrative record in his office to review before filing the answer and record. Counsel for

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Defendant apologizes to the Court and to Plaintiff for not filing this request sooner, but he

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delayed doing so in the hopes that the record would be available for review by the original due

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date. Therefore, the parties jointly request an extension up to and including June 8, 2017.

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Respectfully submitted May 25, 2017.
DATE: May 25, 2017

s/ Jesse Kaplan
JESSE KAPLAN
Attorney for Plaintiff

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PHILLIP A. TALBERT
United States Attorney

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DATE: May 25, 2017

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By

s/ Daniel P. Talbert
DANIEL P. TALBERT
Special Assistant United States Attorney
Attorneys for Defendant

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ORDER

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Pursuant to stipulation, it is so ordered.

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Dated: June 1, 2017

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