Martinez v. Commissioner of Social Security

Filing 39

STIPULATION and ORDER TO MODIFY SUPPLEMENTAL BRIEFING signed by Magistrate Judge Dennis M. Cota on 3/28/19. The time for responding to Plaintiff's Motion for Attorneys Fees Pursuant to Equal Access to Justice Act (EAJA) is EXTENDED for thirty additional days from 4/4/19 to 5/6/19, with Plaintiff's reply due, on or before 5/20/19. (Mena-Sanchez, L)

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MCGREGOR W. SCOTT
United States Attorney
DEBORAH LEE STACHEL
Regional Chief Counsel, Region IX
Social Security Administration
TINA L. NAICKER, CSBN 252766
Special Assistant United States Attorney
160 Spear Street, Suite 800
San Francisco, California 94105
Telephone: [phone]
Facsimile: [phone]
E-Mail: [e-mail]

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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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SHIRLEY MARTINEZ,
Plaintiff,
vs.
NANCY A. BERRYHILL,
Acting Commissioner of Social Security,
Defendant.

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Case No.: 2:15-cv-02651-DMC
JOINT STIPULATION AND ORDER TO
MODIFY SUPPLEMENTAL BRIEFING
DEADLINE FOR RESPONSE TO
PLAINTIFF’S MOTION FOR
ATTORNEYS FEES PURSUANT TO
EQUAL ACCESS TO JUSTICE ACT
(DKT 34).

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IT IS HEREBY STIPULATED, by the parties, through their respective counsel of record,

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that the time for responding to Plaintiff’s Motion for Attorneys Fees Pursuant to Equal Access to

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Justice Act (EAJA) be extended for thirty additional days from April 4, 2019 to May 6, 2019,

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with Plaintiff’s reply due, on or before May 20, 2019. This is the parties’ first request for

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extension to modify the briefing schedule for Plaintiff’s EAJA Motion. Good cause exists to

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grant the request for extension. The parties are actively negotiating EAJA fees and hopefully

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will resolve the issue without the need for further or additional motion practice. Counsel for

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Defendant was out of the office on sick leave and personal leave during the time Plaintiff’s

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Counsel contacted her and was unable to get a response in time prior to filing of Plaintiff’s EAJA
Joint Stipulation for Extension of Time and PO; 2:15-cv-02651-DMC
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Motion. The parties make this request in good faith with no intention to unduly delay the

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proceedings. As such, the new deadline for Defendant’s response to Plaintiff’s EAJA Motion

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shall be on or before May 6, 2019, and Plaintiff’s reply, if any, shall be on or before May 20,

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2019.

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Respectfully submitted,

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Dated: March 26, 2019

/s/ *John Johnson
(*as authorized by email on March 20, 2018)
JOHN JOHNSON
Attorney for Plaintiff

Dated: March 26, 2019

MCGREGOR W. SCOTT
United States Attorney
DEBORAH LEE STACHEL
Regional Chief Counsel, Region IX
Social Security Administration

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By

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/s/ Tina L. Naicker
TINA L. NAICKER
Special Assistant U.S. Attorney
Attorneys for Defendant

ORDER
APPROVED AND SO ORDERED:

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Dated: March 28, 2019
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DENNIS M. COTA
UNITED STATES MAGISTRATE JUDGE

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Joint Stipulation for Extension of Time and PO; 2:15-cv-02651-DMC
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