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)

Download PDF
4 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: 5 Attorney for Plaintiff 1 2 3 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 MICHAEL SHANE CRUM, 11 Case 2:16-cv-02795-KJN Plaintiff, 12 v. 13 STIPULATION AND ORDER FOR PLAINTIFF TO FILE MOTION FOR SUMMARY JUDGMENT NANCY A. BERRYHILL, Acting Commissioner of Social Security, 14 Defendant.1 15 IT IS HEREBY STIPULATED by and between the parties that Plaintiff shall have an extension 16 17 of time to SEPTEMBER 30, 2017, to file Plaintiff’s motion for summary judgment. This is Plaintiff’s 18 second request for an extension of time, the first extension being through August 13, 2017. Plaintiff 19 requires the additional time due to the size of the administrative record (1059 pages) and unusual 20 workload demands. Plaintiff’s counsel was engaged in multiple trials in the Trinity County Superior 21 Court during the week of August 7, 2017, post-trial briefing from a July trial in Contra Costa County, 22 due August 16, 2017, and finalization of an opening brief on appeal to the Ninth Circuit submitted 23 August 21, 2017, as well as other demands of counsel’s civil and criminal calendar, which resulted in 24 the inadvertent oversight of the filing deadline. This request is made in good faith with no intention to unduly delay the proceedings. 25 26 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). 1 27 28 1 Stipulation 1 2 3 4 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 5 /s/ Robert C. Weems Robert C. Weems, Attorney for Plaintiff 6 7 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 8 9 10 11 /s/Donna Wade Anderson 12 Donna Wade Anderson Special Assistant United States Attorney and Attorney for Defendant (per e-mail authorization) 13 14 15 16 17 SO ORDERED: Dated: September 1, 2017 18 19 20 21 22 23 24 25 26 27 28 2 Stipulation

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?