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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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: [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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SACRAMENTO DIVISION
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JAMES OLLIE KENNON JR.,
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Plaintiff,
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vs.
NANCY A. BERRYHILL,1
Acting Commissioner of Social Security,
Defendant.

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) Case No.: 2:16-CV-01951-AC
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) STIPULATION AND PROPOSED ORDER
) FOR AN EXTENSION OF TIME
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IT IS HEREBY STIPULATED, by and between the parties, through their respective
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counsel of record, that the time for responding to Plaintiff’s Motion for Summary Judgment be
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extended from February 15, 2017, to March 17, 2017. This is Defendant’s first request for an
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extension of time to respond to Plaintiff’s motion. Defendant respectfully requests this
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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.; 2:16-cv-01951-AC

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additional time because the undersigned requires additional time to evaluate the merits of

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Plaintiff’s arguments for remand of the Administrative Law Judge’s decision.

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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.

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Respectfully submitted,

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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

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By:

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/s/ Cynthia B. De Nardi
CYNTHIA B. DE NARDI
Special Assistant U.S. Attorney
Attorneys for Defendant

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ORDER

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APPROVED AND SO ORDERED:

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Dated: February 14, 2017

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Stip. & Prop. Order for Ext.; 2:16-cv-01951-AC

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