Martinez v. Commissioner of Social Security

Filing 41

STIPULATION and ORDER TO MODIFY SUPPLEMENTAL BRIEFING signed by Magistrate Judge Dennis M. Cota on 5/15/19. The time for responding to Plaintiff's Motion for Attorneys Fees is EXTENDED for thirty additional days from 5/6/19 to 6/6/19, with Plaintiff's reply due, on or before 6/20/19. (Becknal, R)

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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 May 6, 2019 to June 6, 2019,

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with Plaintiff’s reply due, on or before June 20, 2019. This is Defendant’s second 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. Counsel for Defendant has had multiple family deaths in the

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recent weeks and was out on leave. Counsel for Defendant also has been out on intermittent sick

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leave due to her ongoing health issues. In addition, Counsel for Defendant is expected to be out

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the first week of May to take care of her elderly mother following her surgery. Defendant makes
Joint Stipulation for Extension of Time and PO; 2:15-cv-02651-DMC
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this request in good faith and is still attempting to resolve the matter without further motion

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practice. As such, the proposed new deadline for Defendant’s response to Plaintiff’s EAJA

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Motion shall be on or before June 6, 2019, and Plaintiff’s reply, if any, shall be on or before

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June 20, 2019.

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Respectfully submitted,

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Dated: May 1, 2019

/s/ *John Johnson
(*as authorized by email on April 30, 2019)
JOHN JOHNSON
Attorney for Plaintiff

Dated: May 1, 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 NUNC PRO TUNC TO MAY 6, 2019:

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Dated: May 15, 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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