Fagan v. Commissioner of Social Security
Filing
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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)
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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
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Attorneys for Defendant
UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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LARRY J. FAGAN,
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Plaintiff,
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v.
NANCY A. BERRYHILL,
Acting Commissioner of Social Security,
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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.
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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
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of the Objection. Counsel normally maintains two separate ways to track his calendar as a
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matter of redundancy, but inadvertently failed to correctly calendar this matter in both systems.
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Defendant’s counsel filed the Objection as soon as he recognized this error and contacted
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opposing counsel. Defendant’s counsel believes that the extension would not unduly delay the
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proceedings or prejudice Plaintiff. Defendant’s counsel apologizes to the Court for any delay
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caused by his mistake.
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Respectfully submitted,
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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
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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: January 24, 2018
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CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE
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