Smart v. Commissioner of Social Security

Filing 15

STIPULATION AND ORDER signed by Magistrate Judge Craig M. Kellison on 3/2/2017 ORDERING the Commissioner of Social Security to respond to the 13 Motion for Summary Judgment by 4/14/2017. (Michel, G.)

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PHILLIP A. TALBERT
United States Attorney
DEBORAH LEE STACHEL
Regional Chief Counsel, Region IX
Social Security Administration
MARCELO ILLARMO (MABN 670079)
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
UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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JAMES EDWARD SMART,

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Plaintiff,

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v.
NANCY A. BERRYHILL, 1
Acting Commissioner of Social Security,

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) Case No.: 2:16-cv-01145-CMK
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) STIPULATION AND ORDER FOR A FIRST
) EXTENSION OF TIME
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Defendant.

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IT IS HEREBY STIPULATED, by and between the parties, through their respective
counsel of record, that the time for responding to Plaintiff’s Motion for Summary Judgment be
extended from March 15, 2017 to April 14, 2017. This is Defendant’s first request for an
extension of time to respond to Plaintiff’s motion. Defendant respectfully requests this
additional time because Defendant’s counsel has a higher than normal workload. In addition,

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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 Acting
Commissioner Carolyn W. Colvin as the defendant in this suit. No further action needs to 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).
Stip. & Prop. Order for Ext.; Case 2:16-cv-01145-CMK

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Defendant’s counsel was out multiple days this week due to illness, and will be on leave from

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March 3, 2017 to March 13, 2017.

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The parties further stipulate that the Court’s Scheduling Order shall be modified
accordingly.

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Respectfully submitted,

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Dated: March 1, 2017

/s/ Robert Weems
(*as authorized via e-mail on 2/27/17)
ROBERT WEEMS
Attorney for Plaintiff

Dated: March 1, 2017`

PHILLIP A. TALBERT
United States Attorney
DEBORAH LEE STACHEL
Acting Regional Chief Counsel, Region IX
Social Security Administration

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By:

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/s/ Marcelo Illarmo
MARCELO ILLARMO
Special Assistant United States Attorney

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Attorneys for Defendant

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ORDER
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APPROVED AND SO ORDERED:
Dated: March 2, 2017

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Stip. & Prop. Order for Ext.; Case 2:16-cv-01145-CMK

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