Crum v. Commissioner of Social Security

Filing 17

STIPULATION and ORDER signed by Magistrate Judge Kendall J. Newman on 9/1/2017 ORDERING that plaintiff shall have an extension of time to 9/30/2017, to file a Motion for Summary Judgment. (Donati, J)

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Robert C Weems (SBN 148156)
Weems Law Offices
769 Center Blvd., PMB 38
Fairfax, CA 94930
Ph: 415.881.7653
Fx: 866.610.1430
Email: [e-mail]

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Attorney for Plaintiff

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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MICHAEL SHANE CRUM,

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Case 2:16-cv-02795-KJN

Plaintiff,

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v.

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STIPULATION AND ORDER FOR
PLAINTIFF TO FILE MOTION FOR
SUMMARY JUDGMENT

NANCY A. BERRYHILL, Acting
Commissioner of Social Security,

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Defendant.1

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IT IS HEREBY STIPULATED by and between the parties that Plaintiff shall have an extension

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of time to SEPTEMBER 30, 2017, to file Plaintiff’s motion for summary judgment. This is Plaintiff’s

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second request for an extension of time, the first extension being through August 13, 2017. Plaintiff

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requires the additional time due to the size of the administrative record (1059 pages) and unusual

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workload demands. Plaintiff’s counsel was engaged in multiple trials in the Trinity County Superior

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Court during the week of August 7, 2017, post-trial briefing from a July trial in Contra Costa County,

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due August 16, 2017, and finalization of an opening brief on appeal to the Ninth Circuit submitted

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August 21, 2017, as well as other demands of counsel’s civil and criminal calendar, which resulted in

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the inadvertent oversight of the filing deadline.
This request is made in good faith with no intention to unduly delay the proceedings.

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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).
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Stipulation

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The parties further stipulate that the Court’s Scheduling Order shall be modified accordingly
SO STIPULATED AND AGREED:
Dated: September 1, 2017

WEEMS LAW OFFICES

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/s/ Robert C. Weems

Robert C. Weems,
Attorney for Plaintiff

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Dated: September 1, 2017

PHILLIP A. TALBERT
United States Attorney
DEBORAH LEE STACHEL
Regional Chief Counsel, Region IX
Social Security Administration
DONNA WADE ANDERSON
Special Assistant United States Attorney

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/s/Donna Wade Anderson

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Donna Wade Anderson
Special Assistant United States Attorney and
Attorney for Defendant (per e-mail
authorization)

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SO ORDERED:

Dated: September 1, 2017

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Stipulation