Yadon v. Commissioner of Social Security

Filing 13

STIPULATION and ORDER signed by Magistrate Judge Carolyn K. Delaney on 03/02/17 ORDERING that the time for responding to the Complaint is EXTENDED to 04/07/17. Plaintiff shall file a motion for summary judgment and/or remand by 05/22/17; Defendant's opposition is due by 06/21/17; Appellant's reply brief is due by 07/11/17. (Benson, A)

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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 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 CLINT YADON 13 14 15 16 Plaintiff, v. NANCY A. BERRYHILL,1 Acting Commissioner of Social Security, 17 Defendant. 18 ) Case No.: 2:16-cv-02676-CKD ) ) STIPULATION AND ORDER FOR AN ) EXTENSION OF TIME ) ) ) ) ) ) ) ) 19 IT IS HEREBY STIPULATED, by and between the parties, through their respective 20 21 22 counsel of record, that the time for responding to Plaintiff’s Complaint will be extended by 30 days, from March 8, 2017 until April 7, 2017. This is Defendant’s first request for an extension of time to respond to Plaintiff’s answer. 23 24 Defendant respectfully requests this additional time because additional time is needed to prepare 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-02676-CKD 1 1 the administrative record. In addition, Defendant’s counsel will be on leave from March 3, 2017 2 to March 13, 2017. 3 The parties further stipulate that the briefing schedule shall be modified accordingly: 4 5  6  7  8 Within thirty (30) days after filing of the answer, on or before May 22, 2017, Plaintiff shall file a motion for summary judgment and/or remand; Defendant shall file an opposition to Plaintiff’s motion within thirty (30) days after service of Plaintiff’s motion for summary judgment, on or before June 21, 2017. Appellant's reply brief shall be filed with the court and served on respondent within twenty (20) days after service of Defendant’s opposition, on or before July 11, 2017. 9 10 Respectfully submitted, 11 12 Dated: March 1, 2017 /s/ Kelsey Mackenzie Brown (*as authorized via e-mail on 2/27/17) KELSEY MACKENZIE BROWN Attorney for Plaintiff Dated: March 1, 2017 PHILLIP A. TALBERT United States Attorney DEBORAH LEE STACHEL Acting Regional Chief Counsel, Region IX Social Security Administration 13 14 15 16 17 18 By: 19 20 21 /s/ Marcelo Illarmo MARCELO ILLARMO Special Assistant United States Attorney Attorneys for Defendant 22 23 ORDER 24 25 26 APPROVED AND SO ORDERED: Dated: March 2, 2017 27 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 28 Stip. & Prop. Order for Ext.; 2:16-cv-02676-CKD 2

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