Brown v. Commissioner of Social Security

Filing 12

STIPULATION AND ORDER signed by Magistrate Judge Deborah Barnes on 8/31/17, ORDERING that Plaintiff may file an Amended Complaint to appeal only the Commissioner's denial of Plaintiff's application for disability insurance benefits under T itle II of the Social Security Act. After Plaintiff files the Amended Complaint, Defendant shall withdraw her 8 Motion to Dismiss. Defendant shall file the administrative record and respond to the Amended Complaint within 90 days from the date of service of the Amended Complaint. All other deadlines in the Scheduling Order shall remain in effect. (Kastilahn, A)

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1 2 3 4 5 6 7 8 PHILLIP A. TALBERT United States Attorney DEBORAH L. STACHEL Regional Chief Counsel, Region IX Social Security Administration MARGARET BRANICK-ABILLA, CSBN 223600 Special Assistant United States Attorney Social Security Administration 160 Spear Street, Suite 800 San Francisco, CA 94105 Telephone: (415) 977-8929 Facsimile: (415) 744-0134 Email: Margaret.Branick-Abilla@ssa.gov 9 10 Attorneys for Defendant 11 UNITED STATES DISTRICT COURT 12 EASTERN DISTRICT OF CALIFORNIA 13 14 CARL EDWARD BROWN, 15 16 17 18 19 Plaintiff, vs. NANCY A. BERRYHILL, Acting Commissioner of Social Security, Defendant. 20 21 22 23 24 25 26 27 28 Stipulation 2:17-cv-00896-DB ) ) ) ) ) ) ) ) ) ) No. 2:17-cv-00896-DB STIPULATION RE AMENDING COMPLAINT AND WITHDRAWING MOTION TO DISMISS AND ORDER 1 2 3 4 IT IS HEREBY STIPULATED, by and between the parties through their respective counsel of record, as follows: Defendant grants leave to Plaintiff to file an Amended Complaint to appeal only the 5 Commissioner’s denial of Plaintiff’s application for disability insurance benefits under Title II of 6 the Social Security Act. 7 8 Defendant shall withdraw her Motion to Dismiss (ECF no. 8) after Plaintiff files the Amended Complaint. 9 Pursuant to paragraph 2 of this Court’s Scheduling Order (ECF no. 3), Defendant shall 10 file the administrative record and respond to the Amended Complaint within 90 days from the 11 date of service of the Amended Complaint. All other deadlines in the Scheduling Order shall 12 remain in effect. 13 14 Respectfully submitted, Dated: August 25, 2017 FORSLUND LAW LLC 15 16 By: /s/ Jacqueline A. Forslund JACQUELINE A. FORSLUND Attorneys for Plaintiff [*As authorized by e-mail on August 25, 2017] 17 18 19 20 Dated: August 31, 2017 21 22 PHILLIP A. TALBERT United States Attorney By: /s/ Margaret Branick-Abilla MARGARET BRANICK-ABILLA Special Assistant United States Attorney Attorneys for Defendant 23 24 25 26 27 28 Stipulation 2:17-cv-00896-DB 1 ORDER 2 Pursuant to the parties’ Stipulation, IT IS HEREBY ORDERED that: 3 1. Plaintiff may file an Amended Complaint to appeal only the Commissioner’s denial of 4 5 6 7 8 9 10 Plaintiff’s application for disability insurance benefits under Title II of the Social Security Act. 2. After Plaintiff files the Amended Complaint, Defendant shall withdraw her Motion to Dismiss (ECF No. 8). 3. Defendant shall file the administrative record and respond to the Amended Complaint within 90 days from the date of service of the Amended Complaint. All other deadlines in the Scheduling Order shall remain in effect. Dated: August 31, 2017 11 12 13 14 15 16 17 18 19 20 21 22 23 DLB:6 DB\orders\orders.soc sec\brown0896.stip.am.comp.ord 24 25 26 27 28 Stipulation 2:17-cv-00896-DB

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