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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1 2 3 4 5 6 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: (415) 977-8995 Facsimile: (415) 977-8873 Attorneys for Defendant 7 8 9 10 UNITED STATES DISTRICT COURT 11 EASTERN DISTRICT OF CALIFORNIA 12 SACRAMENTO DIVISION 13 14 MATTHEW HARVILLE, No. 2:15-cv-01175-CMK Plaintiff, 15 16 v. 17 NANCY A. BERRYHILL, Acting Commissioner of Social Security, 18 STIPULATION AND ORDER FOR A FOURTEEN-DAY EXTENSION FOR DEFENDANT TO ANSWER PLAINTIFF’S COMPLAINT Defendant. 1 19 20 21 22 23 24 25 26 27 28 1 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). 1 The parties stipulate, subject to the approval of the Court, that Defendant shall be granted 2 a fourteen-day extension from the current May 25, 2017 deadline to file an answer to Plaintiff’s 3 complaint. This is Defendant’s first request for an extension. There is good cause for this 4 extension because the undersigned counsel for Defendant has not yet received the certified 5 administrative record in his office to review before filing the answer and record. Counsel for 6 Defendant apologizes to the Court and to Plaintiff for not filing this request sooner, but he 7 delayed doing so in the hopes that the record would be available for review by the original due 8 date. Therefore, the parties jointly request an extension up to and including June 8, 2017. 9 10 Respectfully submitted May 25, 2017. DATE: May 25, 2017 s/ Jesse Kaplan JESSE KAPLAN Attorney for Plaintiff 11 12 PHILLIP A. TALBERT United States Attorney 13 14 DATE: May 25, 2017 15 By s/ Daniel P. Talbert DANIEL P. TALBERT Special Assistant United States Attorney Attorneys for Defendant 16 17 ORDER 18 19 Pursuant to stipulation, it is so ordered. 20 21 Dated: June 1, 2017 22 23 24 25 26 27 28 1

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