Reynolds v. Commissioner of Social Security

Filing 25

STIPULATION and ORDER signed by Magistrate Judge Edmund F. Brennan on 10/30/17, ORDERING that Plaintiff's reply to Defendant's cross-motion for summary judgment is EXTENDED to 12/14/2017. (Kastilahn, A)

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1 2 3 4 5 Robert C Weems (CA SBN 148156) WEEMS LAW OFFICES 769 Center Blvd., PMB 38 Fairfax, CA 94930 Ph: 415.881.7653 Fx: 866.610.1430 Attorney for Plaintiff 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 JACKIE ANTHONY REYNOLDS, Plaintiff, 11 12 v. 13 Case 2:16-cv-01652-EFB STIPULATION AND PROPOSED ORDER FOR PLAINTIFF TO FILE MOTION FOR SUMMARY JUDGMENT NANCY A. BERRYHILL, Acting Commissioner of Social Security, 14 Defendant.1 15 16 17 18 19 20 21 22 23 24 25 26 27 28 IT IS HEREBY STIPULATED by and between the parties that Defendant shall have an extension of 45 days to December 14, 2017, to file Plaintiff’s reply to Defendant’s cross motion for summary judgment. This is Plaintiff’s third request for an extension of time, the first extension for filing the motion for summary judgment being through June 16, 2017, and the second request for filing a reply to Defendant’s cross motion for summary judgment through October 20, 2017. Plaintiff did not recognize until now that Defendant had lodged a supplement to the administrative. Plaintiff requires the additional time due to dealing with supplemental administrative record , Defendant’s reliance on the supplemental record, and unusual workload demands impacting the ability to meet the current filing deadline in addition to having had to address unexpected, timeconsuming matters. Mr. Weems is a sole practitioner unable to reassign any of his cases as I am a sole practitioner which resulted in the inadvertent oversight of the filing of the supplemental administrative record at the same time of the filing of the cross motion for summary judgment. ///// 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 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). 1 STIPULATION TO EXTEND TIME TO REPLY TO CROSS MOTION Case No. 2:16-cv-01652-EFB 1 This request is made in good faith with no intention to unduly delay the proceedings. 2 The parties further stipulate that the Court’s Scheduling Order shall be modified accordingly. 3 4 5 6 SO STIPULATED AND AGREED: Dated: October 30, 2017 WEEMS LAW OFFICES /s/ Robert C. Weems Robert C. Weems, Attorney for Plaintiff 7 8 9 Dated: October 30, 2017 PHILLIP A. TALBERT United States Attorney DEBORAH LEE STACHEL Regional Chief Counsel, Region IX Social Security Administration MARCELO N. ILLARMO Special Assistant United States Attorney 10 11 12 /s/ Marcelo N. Illarmo 13 Marcelo N. Illarmo Special Assistant United States Attorney and Attorney for Defendant (per e-mail authorization) 14 15 16 17 18 SO ORDERED. DATED: October 30, 2017. 19 20 21 22 23 24 25 26 27 28 2 STIPULATION TO EXTEND TIME TO REPLY TO CROSS MOTION Case No. 2:16-cv-01652-EFB

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