Bagley v. Astrue

Filing 25

ORDER RESETTING CMC FROM 3/14/13 TO 6/27/13 AT 10:30 A.M. Case Management Statement due by 6/20/2013. Further Case Management Conference set for 6/27/2013 10:30 AM in Courtroom 5, 17th Floor, San Francisco.. Signed by Judge Edward M. Chen on 3/1/13. (bpf, COURT STAFF) (Filed on 3/1/2013)

Case3:11-cv-02149-EMC Document24 Filed02/26/13 Page1 of 2

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MELINDA L. HAAG, CSBN 132612
United States Attorney
GRACE M. KIM, IL SBN 6203390
Regional Chief Counsel, Region IX
Social Security Administration
DAVID LERCH, CSBN 229411
Special Assistant United States Attorney
160 Spear Street, Suite 800
San Francisco, California 94105
Telephone: [phone]
Facsimile: [phone]
E-Mail: [e-mail]
Attorneys for Defendant
UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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MATTHEW ROBERT BAGLEY,
Plaintiff,

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v.
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CAROLYN W. COLVIN,
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Acting Commissioner of
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Social Security,
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Defendant.
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______________________________)

Case No. 3:11-cv-02149-EMC
JOINT STATUS REPORT ON
PROCEEDINGS FOLLOWING REMAND
PURSUANT TO SENTENCE SIX OF
42 U.S.C. § 405(g)
ORDER RESETTING CMC FROM 3/14/13
TO 6/27/13 AT 10:30 A.M.

Defendant Carolyn W. Colvin, the Acting Commissioner of Social Security, and Plaintiff
Matthew Robert Bagley, through their undersigned counsel, hereby file this Joint Status Report,
pursuant to this Court’s August 14, 2012 order remanding under 42 U.S.C. § 405(g), sentence
six, and directing status reports commencing November 30, 2012, and continuing every 90 days
thereafter.

* Carolyn W. Colvin became the Acting Commissioner of Social Security on February 14, 2013.
Pursuant to Rule 25(d) of the Federal Rules of Civil Procedure, Carolyn W. Colvin should be
substituted for Michael J. Astrue as the defendant in this suit. No further action need 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).
Case No. 3:11-cv-2149; Joint Status Report

Case3:11-cv-02149-EMC Document24 Filed02/26/13 Page2 of 2

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In its August 14, 2012 order, the Court remanded to the Commissioner of Social Security

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to allow the Commissioner to remand Plaintiff’s claim to the Administrative Law Judge (ALJ)

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for a de novo hearing and a new decision based upon a complete record.

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On October 11, 2012, the Appeals Council remanded to the ALJ. Plaintiff’s ALJ hearing
has been scheduled for April 12, 2013.

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Dated: February 26, 2013

Respectfully submitted,

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MELINDA L. HAAG
United States Attorney
GRACE M. KIM
Regional Chief Counsel, Region IX
Social Security Administration

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/s/David Lerch
David Lerch
Special Assistant U. S. Attorney
Attorneys for Defendant

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Dated: February 26, 2013

/s/Robert C. Weems
(as authorized via email)
Robert C. Weems
Weems Law Offices
Attorney for Plaintiff

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dward
Judge E
Case No. 3:11-cv-2149; Joint Status Report

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____________________________ DISTRI
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Edward M. Chen
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U.S. District Judge

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IT IS SO ORDERED that the further CMC is reset from 3/14/13 to 6/27/13 at 10:30 a.m.
A joint CMC statement shall be filed by 6/20/13.

UNIT
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