Fagan v. Commissioner of Social Security

Filing 32

STIPULATION and ORDER signed by Magistrate Judge Carolyn K. Delaney on 1/24/2018 DEEMING the 30 Objections to Findings and Recommendations as Timely. (York, M)

Download PDF
1 2 3 4 5 6 7 MCGREGOR W. SCOTT 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: (415) 977-8944 Facsimile: (415) 744-0134 E-Mail: Marcelo.Illarmo@ssa.gov 8 9 Attorneys for Defendant UNITED STATES DISTRICT COURT 10 EASTERN DISTRICT OF CALIFORNIA 11 12 13 LARRY J. FAGAN, 14 Plaintiff, 15 16 17 v. NANCY A. BERRYHILL, Acting Commissioner of Social Security, 18 ) ) ) ) ) ) ) ) ) ) ) ) Case No. 2:16-cv-02051 MCE CKD STIPULATION AND ORDER TO DEEM THE COMMISSIONER’S OBJECTION TO THE FINDING AND RECOMMENDATION AS TIMELY Defendant. 19 20 21 22 23 24 25 26 27 28 IT IS HEREBY STIPULATED, by and between the parties, through their respective counsel of record, subject to the approval of the Court, that Defendant shall be granted a first extension of time of three days from January 16, 2018 to January 19, 2018 to file her Objections to the Magistrate Judge’s Findings and Recommendation (Objection), and the Objection shall be deemed timely (ECF No. 30). With this extension:  Plaintiff may serve and file a reply within 17 days of service of defendant's objection (on or before February 5, 2018). Good cause exists to grant the stipulation. Defendant’s counsel is solely responsible for managing his calendar and filing all pleadings. Defendant’s counsel miscalendered the due date 1 of the Objection. Counsel normally maintains two separate ways to track his calendar as a 2 matter of redundancy, but inadvertently failed to correctly calendar this matter in both systems. 3 Defendant’s counsel filed the Objection as soon as he recognized this error and contacted 4 opposing counsel. Defendant’s counsel believes that the extension would not unduly delay the 5 proceedings or prejudice Plaintiff. Defendant’s counsel apologizes to the Court for any delay 6 caused by his mistake. 7 8 9 Respectfully submitted, 10 11 Dated: January 19, 2018 /s/ Harvey Sackett* (*as authorized via e-mail on1/19/18) HARVEY SACKETT Attorney for Plaintiff Dated: January 19, 2018 MCGREGROR W. SCOTT United States Attorney DEBORAH LEE STACHEL Acting Regional Chief Counsel, Region IX Social Security Administration 12 13 14 15 16 17 18 By: 19 /s/ Marcelo Illarmo MARCELO ILLARMO Special Assistant United States Attorney 20 Attorneys for Defendant 21 22 ORDER 23 24 25 26 27 28 APPROVED AND SO ORDERED. Dated: January 24, 2018 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?