Shanahan v. Commissioner of Social Security

Filing 28

STIPULATION and ORDER TO EXPUNGE THE CERTIFIED ADMINISTRATIVE RECORD signed by Magistrate Judge Edmund F. Brennan on 5/21/2019 ORDERING that all paper and electronic copies of pages 373 through 390 of the Certified Administrative Record filed on 6/18/2018(Dkt. Nos. 10 , 11 ) be retrieved, shredded, and destroyed by Plaintiff's counsel, the United States Attorney's Office, the Office of the Regional Chief Counsel, and the Court. (Zignago, K.)

1
2
3
4
5
6
7

MCGREGOR W. SCOTT
United States Attorney
DEBORAH LEE STACHEL
Regional Chief Counsel, Region IX
Social Security Administration
SHEA LITA BOND, SBN D.C. 469103
Special Assistant United States Attorney
160 Spear Street, Suite 800
San Francisco, California 94105
Telephone: [phone]
Facsimile: [phone]
E-Mail: [e-mail]

8
9

Attorneys for Defendant
UNITED STATES DISTRICT COURT

10
EASTERN DISTRICT OF CALIFORNIA
11
SACRAMENTO DIVISION
12
13
RITA SHANAHAN,
14
Plaintiff,
15
16
17

vs.
NANCY A. BERRYHILL,
Acting Commissioner of Social Security,
Defendant.

18
19
20
21
22

)
)
)
)
)
)
)
)
)
)
)
)

Case No.: 2:18-cv-00484-EFB
STIPULATION TO EXPUNGE THE
CERTIFIED ADMINISTRATIVE
RECORD FILED ON JUNE 18, 2018 AND
REPLACE WITH REDACTED VERSION;
[PROPOSED] ORDER

IT IS HEREBY STIPULATED by and between the parties, through their undersigned
attorneys, as follows:
1.

Pages 373 through 390 of the Certified Administrative Record filed on June 18,

23

2018 (see Dkt. Nos. 10, 11) have been determined to be confidential records pertaining to an

24

individual other than Plaintiff.

25
26
27

2.

Plaintiff’s attorney, the Assistant United States Attorney, and the Office of the

Regional Chief Counsel hereby agree to shred and/or destroy all paper and electronic copies of
pages 373 through 390 of the Certified Administrative Record.

28

Stip. to Expunge & Prop. Order; 2:18-cv-00484-EFB

1

1
2
3

3.

The parties certify that the contents of pages 373 through 390 will not be

disclosed to anyone.
4.

Subject to the Court’s approval, all paper and electronic copies of the Certified

4

Administrative Record filed on June 18, 2018 will be destroyed and expunged by the Court,

5

including the document available via the Case Management and Electronic Case Filing

6

(CM/ECF) system.

7

5.

A Supplemental Certified Administrative Record, with appropriate redactions,

8

will be filed by the Defendant in this action. The Supplemental Certified Administrative Record

9

will reflect that pages 373 through 390 pertained to an individual other than the Plaintiff and

10
11
12
13

have been removed.
6.

The inadvertent inclusion of pages 373 through 390 will not be a basis for a

claimed error and does not affect the Order Granting Stipulation to Voluntary Remand and
Judgment entered by the Court on October 10, 2018 (Dkt. Nos. 22, 23).

14
15
16

Respectfully submitted,
Dated: October 22, 2018

/s/ Lawrence D. Rohlfing
(*as authorized via email on October 15, 2018)
LAWRENCE D. ROHLFING
Attorney for Plaintiff

Dated: October 22, 2018

MCGREGOR W. SCOTT
United States Attorney
DEBORAH LEE STACHEL
Regional Chief Counsel, Region IX
Social Security Administration

17
18
19
20
21
22
23
24

By:

25
26
27
28

/s/ Shea Lita Bond
SHEA LITA BOND
Special Assistant U.S. Attorney
Attorneys for Defendant

OF COUNSEL:
Allison J. Cheung
Assistant Regional Counsel, Region IX

Stip. to Expunge & Prop. Order; 2:18-cv-00484-EFB

2

ORDER

1
2
3
4
5
6
7
8

IT IS HEREBY ORDERED that, subject to the terms of the Stipulation to Expunge, all
paper and electronic copies of pages 373 through 390 of the Certified Administrative Record
filed on June 18, 2018 (Dkt. Nos. 10, 11) be retrieved, shredded, and destroyed by Plaintiff’s
counsel, the United States Attorney’s Office, the Office of the Regional Chief Counsel, and the
Court. Defendant shall file a Supplemental Certified Administrative Record to replace the record
previously filed.
Dated: May 21, 2019.

9
10

__________________________________
THE HONORABLE EDMUND F. BRENNAN
United States Magistrate Judge

11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

Stip. to Expunge & Prop. Order; 2:18-cv-00484-EFB

3