Haun v. Commissioner of Social Security

Filing 13

STIPULATION and ORDER signed by Magistrate Judge Allison Claire on 1/31/2017 ORDERING Defendant shall respond to the Complaint For Review of the Final Decision of the Social Security and serve a certified copy of the transcript of the administrative record on or before 3/6/2017. Plaintiff shall serve new evidence and/or a confidential settlement letter to Defendant on or before 4/5/2017. Defendant shall serve her response to Plaintiff's confidential settlement letter on or before 5/5/2017. In the event the parties do not agree to remand, Plaintiff's motion for summary judgment is due on or before 6/9/2017. Defendant's response to Plaintiff's motion for summary judgment is due on or before 7/14/2017. (Washington, S)

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PHILLIP A. TALBERT
United States Attorney
DEBORAH LEE STACHEL
Regional Chief Counsel, Region IX
Social Security Administration
SHARON LAHEY
California State Bar No. 263027
Special Assistant United States Attorney

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160 Spear Street, Suite 800
San Francisco, California 94105
Telephone: [phone]
Facsimile: [phone]
E-Mail: [e-mail]

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ATTORNEYS FOR DEFENDANT

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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SACRAMENTO DIVISION

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)
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LISA A. HAUN,
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Plaintiff,
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vs.
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NANCY A. BERRYHILL, Acting Commissioner )
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Of Social Security,1
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Defendant.
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CIVIL NO. 2:16-cv-02190-AC
STIPULATION AND PROPOSED
ORDER FOR DEFENDANT’S SECOND
EXTENSION OF TIME TO RESPOND
TO COMPLAINT AND SERVE A
CERTIFIED COPY OF THE
TRANSCRIPT OF THE
ADMINISTRATIVE RECORD

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IT IS HEREBY STIPULATED, by and between Lisa A. Haun (Plaintiff) and Nancy A.

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Berryhill, Acting Commissioner of Social Security (Defendant or the Commissioner), by and through

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their respective counsel of record, that Defendant shall have an extension of time of 30 days to respond

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to the complaint filed in the above-captioned matter (Docket Number 1) and serve a certified copy of

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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).
STIPULATION & PROPOSED ORDER

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(CIVIL NO.. 2:16-cv-02190-AC)

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the transcript of the administrative record pursuant to the Court’s September 19, 2016 Procedural Order
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for Social Security Review Actions (the “scheduling order”) (Docket Number 5). The current deadline
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is February 2, 2017, and the new deadline will be March 6, 2017. This is the second extension of time
requested in the above-captioned matter. Defendant requests this additional time because despite the
agency’s best efforts, it will not be able to finalize and certify the administrative record prior to the
current deadline. The parties further agree that the scheduling order be modified accordingly.

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Respectfully submitted,

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Dated: January 30, 2017

LAW OFFICES OF LAWRENCE D. ROHLFING

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By: /s/ Cyrus Safa*
CYRUS SAFA
(*As authorized by email on January 30, 2017)
Attorneys for Plaintiff

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Dated: January 30, 2017

PHILLIP A. TALBERT
United States Attorney

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By: /s/ Sharon Lahey
SHARON LAHEY
Special Assistant U. S. Attorney
Attorneys for Defendant

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ORDER
Good cause appearing, pursuant to stipulation, IT IS SO ORDERED. Defendant shall respond to

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the Complaint For Review of the Final Decision of the Social Security and serve a certified copy of the

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transcript of the administrative record on or before March 6, 2017. Plaintiff shall serve new evidence

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and/or a confidential settlement letter to Defendant on or before April 5, 2017. Defendant shall serve

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her response to Plaintiff’s confidential settlement letter on or before May 5, 2017. In the event the

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parties do not agree to remand, Plaintiff shall file her motion for summary judgment on or before June 9,

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2017. Defendant shall file her response to Plaintiff’s motion for summary judgment on or before July

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14, 2017. Plaintiff shall file any reply on or before July 28, 2017.

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STIPULATION & PROPOSED ORDER

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(CIVIL NO.. 2:16-cv-02190-AC)