Crum v. Commissioner of Social Security

Filing 20

STIPULATION and ORDER signed by Magistrate Judge Kendall J. Newman on 11/09/17 ORDERING that defendants time to respond to plaintiff's motion for summary judgment is EXTENDED to 01/08/18. However, defendant shall file the supplemental administrative transcript as soon as possible. Defendant is encouraged to file her cross motion for summary judgment before 01/08/18. (Benson, A.)

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PHILLIP A. TALBERT
United States Attorney
DEBORAH LEE STACHEL, CSBN 230138
Regional Chief Counsel, Region IX
Social Security Administration
DONNA W. ANDERSON, PSBN 46355
Special Assistant United States Attorney
160 Spear Street, Suite 800
San Francisco, CA 94105-1545
Telephone: [phone]
Facsimile: [phone]
E-mail: [e-mail]
Attorneys for Defendant

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
SACRAMENTO DIVISION

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MICHAEL SHANE CRUM,

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Plaintiff,
v.

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NANCY A. BERRYHILL,
Commissioner of Social Security,

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Defendant.

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Case No. 2:16-cv-02795-KJN

STIPULATION AND [PROPOSED]
ORDER FOR AN EXTENSION OF
TIME

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IT IS STIPULATED, by and between the parties, through their respective

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counsel of record, that the time for Defendant to respond to Plaintiff’s Motion for

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Summary Judgment be extended until January 8, 2018. This is Defendant’s second

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request for an extension of time to respond. Defense counsel requires additional

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time to obtain pages missing from the transcription of the administrative hearing,

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fully review the completed administrative record and consider the government’s

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position. Because the Court Case Preparation and Review Branch of the Office of
Appellate Operations no longer has the original transcript, they must recontact the
transcriber. Defense counsel’s review of the record was delayed due to recent
relocation and subsequent injury. The Commissioner will file a Supplemental

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Certified Administrative Record and is willing to stipulate to additional time, if
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necessary, for Plaintiff to consider the completed record. Plaintiff’s counsel does
not object and agrees that all subsequent deadlines should be accordingly extended.
Respectfully submitted,

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Date: November 7, 2017

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By:

/s/ Robert C. Weems*
ROBERT C. WEEMS
Attorney for Plaintiff
(*By e-mail authorization on 11/07/17)

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Dated: November 7, 2017
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PHILLIP A. TALBERT
United States Attorney
DEBORAH LEE STACHEL
Regional Chief Counsel, Region IX
Social Security Administration

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By: /s/ Donna W. Anderson
DONNA W. ANDERSON
Special Assistant United States Attorney
Attorneys for Defendant

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ORDER

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Based upon the parties’ stipulation, defendant’s time to respond to plaintiff’s

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motion for summary judgment is extended until January 8, 2018. However,

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defendant shall file the supplemental administrative transcript as soon as possible,

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since the administrative transcript was originally filed on May 15, 2017. (ECF No.

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12.)

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Moreover, defendant is encouraged to file her cross motion for summary

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judgment before January 8, 2018, if possible. This matter was filed on November

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24, 2016; defendant filed her answer and the administrative transcript on May 15,

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2017; and plaintiff was granted two extensions to file his motion for summary

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judgement. (ECF Nos. 1, 11, 12, 14, 17.) Therefore, the court is disinclined to grant

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any further extensions in this matter.

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IT SO ORDERED:
Dated: November 9, 2017

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