Kennon, Jr. v. Commissioner of Social Security

Filing 17

STIPULATION AND ORDER signed by Magistrate Judge Allison Claire on 2/14/2017 ORDERING the Commissioner of Social Security to respond to the 13 Motion for Summary Judgment by 3/17/2017; MODIFYING the Court's Scheduling Order accordingly. (Michel, G.)

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1 2 3 4 5 6 7 PHILLIP A. TALBERT United States Attorney DEBORAH LEE STACHEL Regional Chief Counsel, Region IX Social Security Administration CYNTHIA B. DE NARDI, CSBN 256770 Special Assistant United States Attorney 160 Spear Street, Suite 800 San Francisco, California 94105 Telephone: (415) 977-8961 Facsimile: (415) 744-0134 E-Mail: 8 9 Attorneys for Defendant UNITED STATES DISTRICT COURT 10 EASTERN DISTRICT OF CALIFORNIA 11 SACRAMENTO DIVISION 12 13 JAMES OLLIE KENNON JR., 14 Plaintiff, 15 16 17 vs. NANCY A. BERRYHILL,1 Acting Commissioner of Social Security, Defendant. 18 19 ) Case No.: 2:16-CV-01951-AC ) ) STIPULATION AND PROPOSED ORDER ) FOR AN EXTENSION OF TIME ) ) ) ) ) ) ) ) 20 IT IS HEREBY STIPULATED, by and between the parties, through their respective 21 counsel of record, that the time for responding to Plaintiff’s Motion for Summary Judgment be 22 extended from February 15, 2017, to March 17, 2017. This is Defendant’s first request for an 23 extension of time to respond to Plaintiff’s motion. Defendant respectfully requests this 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 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.; 2:16-cv-01951-AC 1 1 additional time because the undersigned requires additional time to evaluate the merits of 2 Plaintiff’s arguments for remand of the Administrative Law Judge’s decision. 3 4 5 The parties further stipulate that the Court’s Scheduling Order shall be modified accordingly. Counsel apologizes to the Court for any inconvenience caused by this delay. 6 Respectfully submitted, 7 8 Dated: February 14, 2017 /s/ Jonthan O. Peña* (*as authorized via email on 2/14/17) JONATHAN O. PENA, ESQ. Attorney for Plaintiff Dated: February 14, 2017 PHILLIP A. TALBERT United States Attorney DEBORAH LEE STACHEL Regional Chief Counsel, Region IX Social Security Administration 9 10 11 12 13 14 15 By: 16 17 /s/ Cynthia B. De Nardi CYNTHIA B. DE NARDI Special Assistant U.S. Attorney Attorneys for Defendant 18 19 20 ORDER 21 22 APPROVED AND SO ORDERED: 23 24 Dated: February 14, 2017 25 26 27 28 Stip. & Prop. Order for Ext.; 2:16-cv-01951-AC 2

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